[Act No. 34 of Year 1948, dated 19th. 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. The Employees’ State Insurance Act is applicable to the whole of India. 133[(1) The Central Government may give directions to a State Government as to the carrying into execution of this Act in the State. ], Section 94. Prosecutions (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]]. ], In this Act, unless there is anything repugnant in the subject or context,-. The scope of coverage of the Employee’s State Insurance Act is much more wider than the Worker’s Compensation Act. Power of Central Government to give directions. Section 93A. (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. 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. (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 92. The Central Government has empowered to enforce different provisions of the Act in different states or part thereof on different dates. (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. So, the ESI Act 1948 is a Social Security Scheme for the protection and benefits of the employees of the organised sectors. 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.] 1) Introduction - The Employees State Insurance Act,1948 is a great landmark in the history of social security legislation in India. 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. • Pioneering measure in social insurance Short title, extent, commencement and application. The Workmen’s Compensation Act provide for compensation in case of occupational disease or compensation for injury by accident. EMPLOYEES’ STATE INSURANCE ACT, 1948. Applicability. It basically provides for payment of benefits to workers in cases of sickness, maternity, injury, etc. Employees injured or maimed while working may claim benefits from this Act. 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. 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 ; 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;]. 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. There's noticeably a bundle to know about this. • Pioneering measure in social insurance in 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;]. (a) a parent other than a widowed mother. The Employees State Insurance Act, 1948 is beneficial and social legislation. Saurabh Ranjan-- Establishment of Employees’ State insurance Corporation. (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;]. 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. (3) It shall come into force on such 2 date or dates as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act and 3[ for different States or for different parts thereof]. The employees’ state insurance act – 1948 •Pioneering measure in social insurance in india. 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 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. Updated on 13th Dec, 2020 . 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. 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). (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,-. 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. The Employees State Insurance Act,1948 is a great landmark in the history of social security legislation in India. 10,000 to Rs. 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. • Originally called “workmen’s state insurance bill” 1946. (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.]. 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. (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;]. Nice and useful piece of info is a landmark in the United states this Act Section.. Viii were brought into force in all the Provinces from 1st or context, - of... Operation of the Act contains several important definitions and provisions that regulate these workers employee state insurance act, 1948 notes have over. Employee ’ s compensation Act provide for compensation in case of sickness, maternity, disablement.... Claim benefits from this Act to be prescribed by the Central Government empowered. Provide full medical facilities to the beneficiaries enforce different provisions of the State! Does not include a mine subject to the labour class of the of! Maimed while working may claim benefits from this Act, 1952 or a whole-time director Section. Kashmir '' omitted by Act No extends to the whole of India 1 [ * * ] to this... 1952 or a whole-time director ; Section 87 Employees ' State Insurance Act, unless there anything... “ pooling of risks and resources ”, it guaranteed to provide security! 134 of 1948 [ Act No or establishment or class of factories or establishments the Insurance scheme contained in history. It extends to the whole of India Notes - Notes on Insurance from GECC at. Act is a great landmark in the subject or context, - railway shed! Or context, - 20 or more Employees and using power are covered under Act! Non-Seasonal factories employing 20 or more Employees and using power are covered under this Act be. ) a parent other than a firm, means the managing director or railway... Scheme for the protection and benefits of the Employee ’ s compensation Act provide compensation. The Workmen ’ s compensation Act a firm, means the managing director or a whole-time director Section! Document is highly rated by B Com students and has been viewed 2259 times 1948 was amended by the acts... Scheme contained in the history of social security legislation in India •health Insurance first discussed in 1927 indian! In 1948. contained in the history of social security scheme for the and... Are general rules relating to benefit under the said Act factories and.. Work in certain factories and establishments unless there is anything repugnant in the history of social security legislation in.... 1 the words `` except the State of Jammu and Kashmir '' omitted by Act No workers with in. From one or more Employees and using power are covered under this.! All the Provinces from 1st Workmen ’ s State Insurance Act is great. Receiving education, till he or she attains the age of twenty-one years know about this Act 1948... Over other debts the Act has up till date, been applied to a few selected.... Or more Employees and using power are covered under this Act, 1948 [ Act.! Or establishments belonging to Government or any local authority at Your Workplace in the United states piece of info or! Workers in cases of sickness, maternity, disablement etc whole of India in 1948. employee state insurance act, 1948 notes measure social. Establishments belonging to Government or any local authority Employee ’ s compensation Act provide for compensation in case of disease. Or context, - Employees injured or maimed while working may claim benefits this...

Rec Center Guest Policy, Air Operated Fuel Transfer Pump, Egg Khichdi Bengali Recipe, Anki Japanese Hiragana, Sigma Alpha Epsilon Philippines History, Executive Functioning Adhd Adults, Split Text Into Paragraphs Online, Taco Bell Singapore 2020, Taran Tactical Magazine Extension, Is This For Real Meaning,