(1) “appropriate government” means, in respect of establishments under the control of the Central Government or 7[a railway administration] or a major port or a mine or oilfield, the Central Government, and in all other cases, the 8[State] Government; (3) “confinement” means labor resulting in the issue of a living child or labor after twenty-six weeks of pregnancy resulting in the issue of a child whether alive or dead; (4) “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; (6) “Corporation” means the Employees’ State Insurance Corporation set up under this Act; 11[(6A) “dependant” means any of the following relatives of a deceased insured person, namely,-, (i) a widow, a minor legitimate or adopted son, an unmarried legitimate or adopted 12[daughter;]. 10,000 to Rs. Exemption of factories or establishments belonging to government or any local authority. Hi! Content Type: DOCX. The ESI Act stipulates the rules and regulations … The appropriate government may, 44[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 132[* * *] any local authority, 44[from the operation of the 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. 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 incorporates a number of sections, these sections provide for medical benefits and insurance for any employees working under factories registered under the ESI Corporation. Section 93A. • Pioneering measure in social insurance However, there is nothing to ensure the workers with benefits in case of sickness, maternity, disablement etc. Accordingly, as per rule 50, the wage limit for coverage of an employee under Employees State Insurance Act has been enhanced from Rs. So, the ESI Act 1948 is a Social Security Scheme for the protection and benefits of the employees of the organised sectors. ], Section 2A. Updated on 13th Dec, 2020 . 34 of Year 1948, dated 19th. Rahul's Noteblog Notes on Labor Welfare Explain the Employee's State Insurance Act of 1948. ], Section 94. The Employees’ State Insurance Act is applicable to the whole of India. ESI benefits extend not only to the employees but to their dependents as well … The Employees State Insurance Act, 1948 is enacted to protect the Industrial workers and their families, who are exposed to the risk of sickness, employment injury, occupational diseases and Maternity in case of female employees. THE EMPLOYEES’ STATE INSURANCE ACT, 1948 ACT NO. The employee ‘ State insurance act extends to the whole of India, including the state of Jammu and Kashmir. [Act No. 2 Chaps. The Act contains eight chapters and three schedules : The Act contains following three Schedules: Schedule II: List of Injuries deemed to result in permanent total disablement, Schedule III: List of Occupational Diseases, Section 1. the Employee’s state Insurance Act 1948 filled this gap. The major objective of the Act was to provide certain benefits to employees in case of sickness, maternity and injury (during employment) and for providing other benefits in relation to the main objectives. I don't ordinarily comment but I gotta state thanks for the post on this perfect... Just wanted to say this website is extremely good. 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 It is actually a nice and useful piece of info. but does not include a mine subject to the operation of the Mines Act, 1952 or a railway running shed;]. (c) the records to be kept of the transaction of business by the Corporation, the Standing Committee and the Medical Benefit Council; (d) the powers and duties of the 61[Director General and the Financial Commissioner] and the conditions of their service; (e) the powers and duties of the Medical Benefit Council; 139[(ea) the types of expenses which may be termed as administrative expenses, the percentage of income of the Corporation which may be spent for such expenses; (eb) the rates of contributions and limits of wages below which employees are not liable to pay contribution; (ec) the manner of calculation of the average daily wage; (ed) the manner of certifying the certificate to recover amount by the Recovery Officer. EMPLOYEES’ STATE INSURANCE ACT, 1948. Many thanks for the great posting. There's noticeably a bundle to know about this. Applicability. The scope of coverage of the Employee’s State Insurance Act is much more wider than the Worker’s Compensation Act. Employee state insurance act, 1948 1. The Employee State Insurance Act, 1948 The Government of India through notification in the Official Gazette has amended the Employees’ State Insurance (Central) Rules, 1950. The appropriate government may, by notification in the Official Gazette and subject to such conditions as it may deem fit to impose, exempt any person or class of persons employed in any factory or establishment, or class of factories or establishments to which this Act applies from the operation of the Act. (5) The appropriate government may, in consultation with the Corporation and 5[where the appropriate government is a State Government, with the approval of the Central Government], after giving six months’ notice of its intention of so doing by notification in the Official Gazette, extend the provisions of this Act or any of them, to any other establishment or class of establishments, industrial, commercial, agricultural or otherwise : 6[PROVIDED that where the provisions of this Act have been brought into force in any part of a State, the said provisions shall stand extended to any such establishment or class of establishments within that part if the provisions have already been extended to similar establishment or class of establishments in another part of that State. ], Section 93. However, there is nothing to ensure the workers with benefits in case of sickness, maternity, […] 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. Employees' State Insurance Act, 1948... Synopsis . Section 89. The Central Government has empowered to enforce different provisions of the Act in different states or part thereof on different dates. 134 OF 1948 [19th April, 1948.] Section 86. ESIS was created in 1948 by an Act of Parliament and is administratively managed by the Employee State Insurance Corporation (ESIC), an autonomous agency of the government of … I, II, III and VIII were brought into force in all the Provinces from 1st. 1st. I don't ordinarily comment but I gotta state thanks for the post on this perfect... Just wanted to say this website is extremely good. There shall be deemed to be included among the debts which, under section 49 of the Presidency-Towns Insolvency Act, 1909, or under section 61 of the Provincial Insolvency Act,1920, 134[or under any law relating to insolvency in force 134[in the territories which, immediately before the lst November, 1956 were comprised in a Part B State] ], 135[or under section 530 of the Companies Act, 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 where for accrued before the date of the order of adjudication of the insolvent or the date of the winding up, as the case may be. If the Central Government is satisfied that the benefits under this Act are being misused by insured persons in a factory or establishment, that Government may, by order, published in the Official Gazette, disentitle such persons from such of the benefits as it thinks fit: PROVIDED that no such order shall be passed unless a reasonable opportunity of being beard is given to the concerned factory or establishment, insured persons and the trade unions registered under the Trade Unions Act, 1926 having members in the factory or establishment. ], Section 3. (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. The Employees’ State Insurance Act, 1948 is a social security legislation that provides for medical care and cash benefit in the contingencies of sickness, maternity, disablement and death due to employment injury to workers. Employee State Insurance Act, 1948 Introduction The Employee State Insurance Act is a landmark in the history of social security in India. The Employee State Insurance Act, 1948 This act is a piece of legislation of social security legislation conceived as a result of extinction of Contributions, etc., due to Corporation to have priority over other debts. 137[(a) the limit of wages beyond which a person shall not be deemed to be an employee; (ab) the limit of maximum monthly salary for the purpose of sub-section (1) of section 17;]. 137[(ac) the manner in which 138[appointments] and elections of members of the Corporation, the Standing Committee and the Medical Benefit Council shall be made; (b) the quorum at meetings of the Corporation, the Standing Committee and the Medical Benefit Council and the minimum number of meetings of those bodies to be held in a year. ], Section 92. Introduction to ESI: The Employees’ State Insurance (ESI) Scheme, enacted in 1948 was the first major legislation for social security in India. The Workmen’s Compensation Act provide for compensation in case of occupational disease or compensation for injury by accident. Exemption from one or more provisions of the Act. The Act applies to all factories (including Government factories but excluding seasonal factories) employing ten or more persons and carrying on a manufacturing process with the aid of power or ; It is actually a nice and useful piece of info. This article will explain the highlight sections of the Act, as well as elaborate land… 0 Ratings 14881 Interaction 5538 Downloads . (4) It shall apply, in the first instance, to all factories (including factories belonging to the government) other than seasonal factories: 4[PROVIDED that nothing contained in this sub-section shall apply to a factory or establishment belonging to or under the control of the government whose employees are otherwise in receipt of benefits substantially similar or superior to the benefits provided under this Act.]. Download Free Sample Of Employee's State Insurance Act, 1948 Notes PDF Online from Company Secretary and Get Upto 5% OFF on … 15,000 with effect from 1 May 2010. 1. 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. Act ID: 194834: Act Number: 34: Enactment Date: 1948-04-19: Act Year: 1948: Short Title: 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 … (10) “exempted employee” means an employee who is not liable under this Act to pay the employee’s contribution; 19[(11) “family” means all or any of the following relatives of an insured person, namely,-. The Corporation, and, subject to any regulations made by the Corporation in this behalf, the Standing Committee may direct that all or any of the powers and functions which may be exercised or performed by the Corporation or the Standing Committee, as the case may be, may, in relation to such matters and subject to such conditions, if any, as may be specified, be also exercisable by any officer or authority subordinate to the Corporation. (1) No prosecution under this Act shall be instituted except by or with the previous sanction of the Insurance Commissioner 39[or of such other officer of the Corporation as may be authorized in this behalf by the 129[Director-General of the Corporation]]. •Came into force on 19th april 1948. (a) any contribution paid by the employer to any pension fund or provident fund, or under this Act; (b) any traveling allowance or the value of any traveling concession; (c) any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment; or, 23[(23) “wage period” in relation to an employee means the period in respect of which wages are ordinarily payable to him whether in terms of the contract of employment, express or implied or otherwise. The employees’ state insurance act – 1948 •Pioneering measure in social insurance in india. Establishment of Employees’ State insurance Corporation. 39[(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. (ii) if wholly dependent on the earnings of the insured person at the time of his death, a legitimate or adopted son or daughter who has attained the age of eighteen years and is infirm; (iii) if wholly or in part dependent on the earnings of the insured person at the time of his death,-. The Employees State Insurance Act,1948 is a great landmark in the history of social security legislation in India. The benefits which the Act intends to provide to the employees are of a nature which would be difficult for any individual factory owner to provide for his employees. (7) “duly appointed” means appointed in accordance with the provisions sof this Act or with the rules or regulations made thereunder; 13[(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. THE EMPLOYEES’ STATE INSURANCE ACT, 1948. The act of 1948 was amended by the amendment acts of 1966,1975,1984,1989,and1997. Corporation officers and servants to be public servants. [Act No. (3) Rules made under this section shall be published in the Official Gazette and thereupon shall have effect as if enacted in this Act. 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 … The Employee State Insurance Act, 1948 I am glad I have taken the time to see this.... Free MBA Notes/Free BBA Notes/ MBA Study Material/ MBA Notes. The Employees State Insurance Act, ESI Act for short, was enacted by the Government of India in 1948. 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. STANDARD NOTE ON EMPLOYEES’ STATE INSURANCE SCHEME (As on 1.1.2015) The Employees’ State Insurance Act, 1948 is a social security legislation that provides for medical care and cash benefit in the contingencies of sickness, maternity, disablement and death due to employment injury to workers. Laws That Protect You at Your Workplace in the United States. ], 24[(24) all other words and expressions used but not defined in this Act and defined in the Industrial Disputes Act, 1947, shall have the meanings respectively assigned to them in that Act. (3) No court shall take cognizance of any offence under this Act except on a complaint made in writing in respect thereof 131[* * *]. (ef) the qualifications, conditions, rates and period of sickness benefit, maternity benefit, disablement benefit and dependants benefit; (eg) the conditions for grant of medical benefits for insured persons who cease to be in insurable employment on account of permanent disablement; (eh) the conditions for grant of medical benefits for persons who have attained the age of superannuation;], 139[(ei) the manner in which and the time within which appeals may be filed to medical appeal tribunals or Employees’ Insurance Courts;]. View Notes - notes on insurance from GECC 1130 at CUHK. THE EMPLOYEES’ STATE INSURANCE ACT, 1948. (a) receiving education, till he or she attains the age of twenty-one years. Many thanks for the great posting. 17[(b) any person so employed whose wages (excluding remuneration for overtime work) exceed 18[such wages as may be prescribed136 by the Central Government]]: PROVIDED that an employee whose wages (excluding remuneration for overtime work) exceed 18[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;]. (1) The Central Government may 11[after consultation with the Corporation and] subject to the condition of previous publication, make rules not inconsistent with this Act for the purpose of giving effect to the provisions thereof. Employee State Insurance Act, 1948 • ESI Scheme of India, is a multidimensional social security system tailored to provide socio-economic protection to worker population and their dependants covered under the scheme. Employees State Insurance Act, 1948. ESIS was created in 1948 by an Act of Parliament and is administratively managed by the Employee State Insurance Corporation (ESIC), an autonomous agency of the government of … Its object is to protect the interest of workers and their families, who are exposed to the risks of sickness, employment injury, occupational diseases and Maternity in case of female employees. (13) “immediate employer”, in relation to employees employed by or through him, means a person who has undertaken the execution, on the premises of a factory, or an establishment to which this Act applies or under the supervision of the principal employer or his agent, of the whole or any part of any work which is ordinarily part of the work of the factory or establishment of the principal employer or is preliminary to the work carried on in, or incidental to the purpose of, any such factory or establishment, and includes a person by whom the services of an employee who has entered into a contract of service with him are temporarily lent or let on hire to the principal employer 4[and includes a contractor]; 11[(13A) “insurable employment” means an employment in a factory or establishment to which this Act applies;]. This is an exciting prospect from both an employee’s and a legal perspective as the beginning of a formal social security program in India. View Notes - notes on insurance from GECC 1130 at CUHK. •Originally called “workmen’s state insurance bill” 1946. Power of Central Government to give directions. Explain the Employee's State Insurance Act of 1948: This act was established to provide insured employees with medical and dental care at a reduced or no cost. All officers and servants of the Corporation shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code. Its main aim is to provide economic security to people who work in certain factories and establishments. Employee State Insurance Act, 1948 Presented By : Namrata Jadhav 58 2. Exemptions to be either prospective or retrospective, Any notification granting exemption under section 87, section 88, section 90 or section 91 may be issued so as to take effect either prospectively or retrospectively on such date as may be specified therein.]. (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; 11[ (14A) “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;], 4[(14AA) “manufacturing process” shall have the meaning assigned to it in the Factories Act, 1948;], (14B) “mis-carriage” 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 mis-carriage, the causing of which is punishable under the Indian Penal Code;]. ], 4[(6) A factory or an establishment to which this Act applies shall continue to be governed by this Act notwithstanding that the number of persons employed therein at any time falls below the limit specified by or under this Act or the manufacturing process therein ceases to be carried on with the aid of power. (2) The Corporation shall be a body corporate by the name of Employees’ State Insurance Corporation having perpetual succession and a common seal and shall by the said name sue and be sued. The Employees* State Insurance Act (ESI Act) was enacted with the object of introducing a scheme of health insurance for industrial workers. (2) It extends to the whole of India 1[***]. (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 21[doing the work which he was doing prior to or at the time of the 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 11[any payment to an employee in respect of any period of authorized leave, lock-out, strike which is not illegal or lay -off and] other additional remuneration, if any, 22[paid at intervals not exceeding two months], but does not include-. Hi! Section 91A. The Central Government has empowered to enforce different provisions of the Act in different states or part thereof on different dates. (b) a minor illegitimate son, an unmarried illegitimate daughter or a daughter legitimate or adopted or illegitimate if married and a minor or if widowed and a minor. Section 88. Whereas it is expedient to provide for certain benefits to employees in case of sickness, maternity and employment injury and to make provision for … Employees' State Insurance Act, 1948 The promulgation of Employees' State Insurance Act, 1948 (ESI Act), by the Parliament was the first major legislation on social Security for workers in independent India. (f) the procedure to be adopted in the execution of contracts; (g) the acquisition, holding and disposal of property by the Corporation; (i) the investment of the funds of the Corporation and of any provident or other benefit fund and their transfer or realization; (j) the basis on which the periodical valuation of the assets and liabilities of the Corporation shall be made; (k) the bank or banks in which the funds of the Corporation may be deposited, the procedure to be followed in regard to the crediting of moneys accruing or payable to the Corporation and the manner in which any sums may be paid out of the Corporation funds and the officers by whom such payment may be authorized; (l) the accounts to be maintained by the Corporation and the forms in which such accounts shall be kept and the times at which such accounts shall be audited; (m) the publication of the accounts of the Corporation and the report of auditors, the action to be taken on the audit report, the powers of auditors to disallow and surcharge items of expenditure and the recovery of sum so disallowed or surcharged; (n) the preparation of budget estimates and of supplementary estimates and the manner in which such estimates shall be sanctioned and published; (o) the establishment and maintenance of provident or other benefit fund for officers and servants of the Corporation; 140[***], 4[(oa) the period of non-entitlement for cash benefit in case of conviction of an insured person;]. Explanation : For the purposes of this section, (i) “company” means any body corporate and includes a firm and other associations of individuals; and. (15) “occupier” of the factory shall have the meaning assigned to it in the Factories Act, 1948]; 11[(15A) “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; (15B) “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;], 4[(15C) “power” shall have the meaning assigned to it in the Factories Act, 1948;]. The appropriate government may, with the consent of the Corporation, by notification in the Official Gazette, exempt any employees or class of employees in any factory or establishment or class of factories or establishments from one or more of the provisions relating to the benefits provided under this Act. •Health insurance first discussed in 1927 by indian legislature. A statement indicating the broad details of various benefits provided under the Act is … Dependants benefits. (p) any matter which is required or allowed by this Act to be prescribed by the Central Government. (ii) a minor legitimate or adopted child dependent upon the insured person; (iii) a child who is wholly dependent on the earnings of the insured person and who is-. The Employee State Insurance Act, 1948 This act is a piece of legislation of social security legislation conceived as a result of extinction of Employees State Insurance Act 1948 or ESI Act 1948 is a social welfare act enacted with a view to providing certain benefits among the workers. Jan 01, 2021 - Adjudication of Dispute and Claims - Employees State Insurance Act(1948), Industrial Laws B Com Notes | EduRev is made by best teachers of B Com. I am glad I have taken the time to see this.... Free MBA Notes/Free BBA Notes/ MBA Study Material/ MBA Notes, Chapter I : Preliminary ( Sections 1 – 2), Chapter II : Corporation, Standing Committee and Medical Benefit Council ( Sections 3- 25, Chapter III : Finance and Audit ( Sections 26-37), Chapter IV : Contributions ( Sections 38-45), Chapter V : Benefits and Transitory Provisions ( Section 46 – 73), Chapter VI : Adjudication of Dispute and Claims ( Sections 74 – 83), Chapter VII : Penalties ( Section 84 – 86), Chapter VIII : Miscellaneous ( Section 87 – 100). There are general rules relating to benefit under the said Act. 133[(1) The Central Government may give directions to a State Government as to the carrying into execution of this Act in the State. The Act contains several important definitions and provisions that regulate these workers.
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