Employees injured or maimed while working may claim benefits from this Act. So, the ESI Act 1948 is a Social Security Scheme for the protection and benefits of the employees of the organised sectors. (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]]. 2. Corporation officers and servants to be public servants. 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. (a) a parent other than a widowed mother. 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. 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 ; 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 ; ], 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) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matter, namely,-. 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.]. I am glad I have taken the time to see this.... Free MBA Notes/Free BBA Notes/ MBA Study Material/ MBA Notes. 130[(2) No court inferior to that of a Metropolitan Magistrate or Judicial Magistrate of the First Class shall try any offence under this Act.]. View Notes - notes on insurance from GECC 1130 at CUHK. 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 … 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 … 1st. (2) It extends to the whole of India 1[***]. 11[(4) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session 142[or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid ], both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]. The ESI Act stipulates the rules and regulations … 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. (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 Workmen’s Compensation Act provide for compensation in case of occupational disease or compensation for injury by accident. the insurance scheme contained in the act has up till date, been applied to a few selected localities. 34 of Year 1948, dated 19th. Buy Employee's State Insurance Act, 1948 Notes PDF Online. (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. ESI benefits extend not only to the employees but to their dependents as well … 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. 0 Ratings 14881 Interaction 5538 Downloads . Further, the benefits provided under the Employee’s State Insurance Act are much more liberal than those available to a woman under the workman’s Compensation Act, 1923. (iv) a child who is infirm by reason of any physical or mental abnormality or injury and is wholly dependent on the earnings of the insured person, so long as the infirmity continues; (12) “factory” means any premises including the precincts thereof-, (a) whereon ten or more persons are employed or were employed for wages on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power or is ordinarily so carried on, or. However, there is nothing to ensure the workers with benefits in case of sickness, maternity, […] The Workmen’s Compensation Act provide for compensation in case of occupational disease or compensation for injury by accident. It is actually a nice and useful piece of info. Based on the principle of “pooling of risks and resources”, it guaranteed to provide full medical facilities to the beneficiaries. • Pioneering measure in social insurance in India. 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. Section 86. The act of 1948 was amended by the amendment acts of 1966,1975,1984,1989,and1997. 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. www.csnoteshome.com - download free notes----buy india most hit cs executive OMR books EMPLOYEES’ STATE INSURANCE ... EMPLOYEES’ STATE INSURANCE ACT, 1948 . The Act attempts to confer sickness, maternity, disablement, dependent’s , medical and funeral benefits on industrial workers on an all –India basis. EMPLOYEES’ STATE INSURANCE ACT, 1948. Explanation : For the purposes of this section, (i) “company” means any body corporate and includes a firm and other associations of individuals; and. 34 of Year 1948, dated 19th. THE EMPLOYEES’ STATE INSURANCE ACT, 1948. 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. 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 ], Section 92. Exemption of persons or class of persons. Short title, extent, commencement and application. (iii) whose services are temporarily lent or let on hire to the principal employer by the person with whom the person whose services are so lent or let on hire has entered into a contract of service; 14[and includes any person employed for wages on any work connected with the administration of the factory or establishment or any part, department or branch thereof or with the purchase of raw materials for, or the distribution or sale of the products of, the factory or establishment 15[or any person engaged as an apprentice, not being an apprentice engaged under the Apprentices Act, 1961, or under the standing orders of the establishment; but does not include ]]-, (a) any member of 16[the Indian] naval, military or air forces; or. (16) “prescribed” means prescribed by rules 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 20[the Factories Act, 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 by the Corporation; (19) “Schedule” means a Schedule to this Act; 4[(19A) “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, decortication 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;]. Saurabh Ranjan-- 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. September, 1971. 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;]. Employees' State Insurance Act, 1948 [Act No. (1) With effect from such date25 as the Central Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established for the administration of the scheme of employees’ state insurance in accordance with the provisions of this Act a Corporation to be known as the Employees’ State Insurance Corporation. ], Section 94. (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. Section 93A. ], Section 95. 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. (b) whereon twenty or more persons are employed or were employed for wages on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power or is ordinarily so carried on. The Employee State Insurance Act, 1948 This act is a piece of legislation of social security legislation conceived as a result of extinction of Subject to the conditions as may be prescribed by the Central Government, where the Corporation is of opinion that the amount of contribution, interest and damages due to the Corporation is irrecoverable, the Corporation may sanction the writing off finally of the said amount. •Came into force on 19th april 1948. Employee state insurance act, 1948 1. (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;]. The Employees’ State Insurance Act is applicable to the whole of India. The appropriate government may, by notification in the Official Gazette and subject to such conditions as may be specified in the notification, exempt any factory or establishment or class of factories or establishments in any specified area from the operation of this Act for a period not exceeding one year and may from time to time by like notification renew any such exemption for periods not exceeding one year at a time. Non-seasonal factories employing 20 or more employees and using power are covered under this Act. ], Section 3. Section 91A. 1 The words "except the State of Jammu and Kashmir" omitted by Act No. 51 of 1970, w.e.f. 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;]. •Health insurance first discussed in 1927 by indian legislature. (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;]. Content Type: DOCX. 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 … Accordingly, as per rule 50, the wage limit for coverage of an employee under Employees State Insurance Act has been enhanced from Rs. Download Free Sample Of Employee's State Insurance Act, 1948 Notes PDF Online from … The Employee State Insurance Act is a landmark in the history of social security in India. 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. 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). (c) a minor brother or an unmarried sister or a widowed sister if a minor, (f) a minor child of a pre-deceased daughter where no parent of the child is alive, or, (g) a paternal grand-parent if no parent of the insured person is alive,]. There are general rules relating to benefit under the said Act. Applicability. Section 89. Corporation to make representation. This article will explain the highlight sections of the Act, as well as elaborate land… (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. 15,000 with effect from 1 May 2010. The Central Government has empowered to enforce different provisions of the Act in different states or part thereof on different dates. • Pioneering measure in social insurance ], 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. 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. It is a legislation which aims at bringing about social and economic justice to the labour class of the country. 1. •Originally called “workmen’s state insurance bill” 1946. (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,-. Laws That Protect You at Your Workplace in the United States. 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 93. The Employees State Insurance Act,1948 is a great landmark in the history of social security legislation in India. 2 Chaps. 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. Contributions, etc., due to Corporation to have priority over other debts, means the managing director or railway... Provisions that regulate these workers, and1997 allowed by this Act to be prescribed the. 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