Subs. 16. by Act, 44 of 1966, S. 18 (w.e.f. An Employees' Insurance Court may submit any question of law for the decision of the High Court and if it does so, shall decide the question pending before it in accordance with such decision. Employees State Insurance Act, 1948, an Act to provide for certain benefits to employees in case of sickness, maternity and employment injury ’ and to make provision for … Ins. by Act, 45 of 1984 (w.e.f. Subs. Omitted by Act, 29 of 1989, S. 39 (w.e.f. 20-10-1989). A member of the Corporation, Standing Committee, or the Medical Benefit Council may resign his office by notice in writing to the Central Government and his seat shall fall vacant on the acceptance of the resignation by that Government. by Act, 45 of 1984, S. 5 (w.e.f. 232. (2) Where in respect of any factory or establishment the Corporation has reason to believe that a return should have been submitted under sub-section (1) but has not been so submitted, the Corporation may require any person in charge of the factory or establishment to furnish such particulars as it may consider necessary for the purpose of enabling the Corporation to decide whether the factory or establishment is a factory or establishment to which this Act applies. c. He feels optimistic about a ship landing. by Act, 45 of 1984, S. 9 (w.e.f. Reported in : (1993)ILLJ1085Bompresent case for finally i will have to find out as to what is the position available to the firm and the department based upon the provisions of the employees' state insurance act, 1948. it is just not possible for this court while construing the provisions of one statute to import wholesale the construction of provisions of different statutes. Subs. 70. by Act, 18 of 2010, S. 13 (w.e.f. by Act, 53 of 1951, S. 18, for of a Part A State . by Act, 29 of 1989, S. 8 (w.e.f. 20-4-2010 (w.e.f. by the A.O. [(1)]279 The Central Government may give directions to a State Government as to the carrying into execution of this Act in the State. by Act, 29 of 1989, S. 47 (w.e.f. by Act, 29 of 1989, S. 44 (w.e.f. THE EMPLOYEES' STATE INSURANCE ACT, 1948 1 Short title, extent, commencement and application. S.O. Ins. 20-10-1989). 341. (x) If the person to whom a notice under this sub-section is sent fails to make payment in pursuance thereof to the Director-General or the officer so authorised, he shall be deemed to be a principal or immediate employer in default in respect of the amount specified in the notice and further proceedings may be taken against him for the realisation of the amount as if it were an arrear due from him, in the manner provided in Sections 45-C to 45-F and the notice shall have the same effect as an attachment of a debt by the Recovery Officer in exercise of his powers under Section 45-C. (4) The Director-General or the officer authorised by the Corporation in this behalf may apply to the court in whose custody there is money belonging to the principal or immediate employer for payment to him of the entire amount of such money, or if it is more than the amount due, an amount sufficient to discharge the amount due. 34 of Year 1948, dated 19th. 221. The Insured Person shall furnish his/her claim in an Affidavit, the form AB-1 (Annexure), duly forwarded by his last employer to his/her allotted Branch Office. by Act, 29 of 1989, S. 4 (w.e.f. Subs. for Inspector by Act, 18 of 2010, S. 8 (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). Pneumoconioses caused by sclerogenic mineral dust (silicosis, anthraoosilicosis asbestosis) and silico-tuberculosis provided that silicosis is an essential factor in causing the resultant incapacity or death. Ins. by Act, 29 of 1989, S. 2(i) (w.e.f. Thus the unit of contribution in respect of an employee shall be the period for which wages are ordinarily payable (vide Clause 4); (iii) The wage limit for creation of posts by the Employees' State Insurance Corporation is being raised from maximum monthly salary of Rs. Subs. 29-6-2018, published in the Gazette of India, Extra., Part II, Section 3(ii), dated 2nd July, 2018, pp. (2) The Employees' Insurance Court shall follow such procedure as may be prescribed by rules made by the State Government. (c) any investigation or remedy in respect of any such penalty, forfeiture or punishment; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed, as if this Act had not been passed: Provided further that subject to the preceding proviso anything done or any action taken under any such law shall be deemed to have been done or taken under the corresponding provision of this Act and shall continue in force accordingly unless and until superseded by anything done or any action taken under this Act. Accidents happening while travelling in employer's transport. 20-10-1989). 199. 5. Subs. by Act, 44 of 1966, S. 2, for original clause (w.e.f. 45-H. by Act, 29 of 1989, S. 3(vii) (w.e.f. The Bill seeks to achieve the aforesaid objects. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director or manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. by Act, 29 of 1989, S. 7(iii)(c) (w.e.f. by Act, 44 of 1966, S. 40 (w.e.f. They shall also perform such other functions as may be specified in the regulations. The Act is at present applicable to non-seasonal factories and certain other establishments. 28-1-1968). 20-10-1989). 334. The Employee State Insurance Act,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. 37. Subs. 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. ], (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]. 1-2-1989). by Act, 29 of 1989, S. 4 (w.e.f. ACT NO. 25-7-2017, 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. 237. (5) 112[The Director-General or the Financial Commissioner] shall receive such salary and allowances as may be prescribed by the Central Government. (1) If in the opinion of the Central Government, the Corporation or the Standing Committee persistently makes default in performing the duties imposed on it by or under this Act or abuses its powers, that Government may, by notification in the Official Gazette, supersede the Corporation, or in the case of the Standing Committee, supersede, in consultation with the Corporation, the Standing Committee: Provided that before issuing a notification under this sub-section the Central Government shall give a reasonable opportunity to the Corporation or the Standing Committee, as the case may be, to show cause why it should not be superseded and shall consider the explanations and objection, if any, of the Corporation or the Standing Committee, as the case may be. by Act, 44 of 1966, S. 33 (w.e.f. The Corporation may appoint Regional Boards, Local Committees and Regional and Local Medical Benefit Councils in such areas and in such manner, and delegate to them such powers and functions, as may be provided by the regulations. Subs. Subs. 137. 143. (4) In default of agreement between the Corporation and any State Government as aforesaid the nature and extent of the medical treatment to be provided by the State Government, and the proportion in which the cost thereof and of the excess in the incidence of sickness benefit shall be shared between the Corporation and that Government, shall be determined by an arbitrator (who shall be or shall have been a Judge of the 216[High Court 217[of a State]]) appointed by the Chief Justice of India (and the award of the arbitrator) shall be binding on the Corporation and the State Government. (ix) With a view to curb the misuse of cash benefits, it is proposed to make a suitable provision disentitling the insured person from sickness and disablement benefits for any day for which he receives any wages or for any day on which he remains on strike. by Act, 18 of 2010, S. 6 (w.e.f. 14. Subs. Subs. 1-6-2010). 264. (x) To put a curb on unnecessary litigation by the employers, it is proposed to provide that no application from an employer disputing the claim of the Corporation for payment of contribution or other dues shall be entertained by the Employees' Insurance Court unless the employer deposits fifty per cent of the amount claimed to the Court. The Corporation shall consist of the following members, namely: 50[(a) a Chairman to be 51[appointed] by the Central Government;], 52[(b) a Vice-Chairman to be 53[appointed] by the Central Government;]. Subs. Subs. by Act, 53 of 1951, S. 2 for with the approval of the Central Government . The Bill seeks to achieve the above objectives. (i) Under the existing provisions, the Act is, in the first instance, applicable to the factories. 2. Subs. Only the employees in the areas where the benefit provisions of the Act have come into force will be required to make this contribution. Diseases caused by benzene or its toxic homologues. Subs. Explanation. 132. 45-I. (2) S.O. 122. 5. Hepatitis​. 133. 319. 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. Nevertheless, extension of medical care to the members of the families of insured persons is engaging active consideration of the Corporation. (3) The Corporation may, with the previous sanction of the Central Government and on such terms as may be prescribed by it, raise loans and take measures for discharging such loans. 2-4. 1950, for the Central Legislature . (4) It shall apply, in the first instance, to all factories (including factories belonging to the 7[Government] other than seasonal factories: 8[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.]. Explanation. 252. (ii) If wholly dependant 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 20[twenty-five years] and is infirm; (iii) if wholly or in part dependant on the earnings of the insured person at the time of his death. 28-1-1968). by Noti. 50. 17-6-1967). by Act, 44 of 1966, S. 18 (w.e.f. 1-6-2010). Subs. If the employee needs to enter hospital, that may also be arranged for him free of cost. by Act, 45 of 1984 (w.e.f. If the insured person has paid contributions for at least rd of the number of weeks in a contribution period subject to a minimum of 12 contributions, he will still be entitled to receive sickness benefit. 1-9-1991). 269[86-A. Employees State Insurance Act, 1948 | Employee's State Insurance Corporation, Ministry of Labour & Employment, Government of India 73-D. Scheme for other beneficiaries. 28-1-1968). 74. (iv) reckoning of wages for the purpose of fixing the contribution payable under this Act; 306[(iv-a) the register of employees to be maintained by the immediate employer; (iv-b) the entitlement of sickness benefit or disablement benefit for temporary disablement on any day on which person works or remains on leave or on holiday and in respect of which he receives wages or for any day on which he remains on strike;]. 269. 73. by Act, 29 of 1989, S. 43 (w.e.f. Power to frame Schemes. 1-6-2010). 20-10-1989). 186. 150[(1-A) The immediate employer shall maintain a register of employees employed by or through him as provided in the regulations and submit the same to the principal employer before the settlement of any amount payable under sub-section (1).]. by Act, 44 of 1966, S. 2 (w.e.f. by Act, 29 of 1989, S. 44 (w.e.f. The wage limit for coverage under the Act was raised from Rs. by Act, 29 of 1989, S. 47 (w.e.f. (1) An insured person or (where such medical benefit is extended to his family) a member of his family whose condition requires medical treatment and attendance shall be entitled to receive medical benefit. 2. by Act, 18 of 2010, S. 17 (w.e.f. (iii) A copy of the notice shall be forwarded to the principal or immediate employer at his last address known to the Director-General or, as the case may be, the officer so authorised and in the case of a joint account to all the joint holders at their last addresses known to the Director-General or the officer so authorised. 8. S.O. The State Government will bear a share of the cost of medical treatment and attendance under the benefit provisions of the Act, the share being decided by an agreement to be entered into by the Corporation with the State Governments. 31. (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. 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