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. Non-seasonal factories employing 20 or more employees and using power are covered under this Act. (p) any matter which is required or allowed by this Act to be prescribed by the Central Government. THE EMPLOYEES’ STATE INSURANCE ACT, 1948. •Originally called “workmen’s state insurance bill” 1946. 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]]. (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,-. (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. Many thanks for the great posting. 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. Section 88. 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. 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. This document is highly rated by B Com students and has been viewed 2259 times. The Central Government has empowered to enforce different provisions of the Act in different states or part thereof on different dates. (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. ], Section 93. 2 Chaps. The Act attempts to confer sickness, maternity, disablement, dependent’s , medical and funeral benefits on industrial workers on an all –India basis. Exemption of persons or class of persons. 134 OF 1948 [19th April, 1948.] Content Type: DOCX. (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. 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. • Pioneering measure in social insurance in India. 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. It is actually a nice and useful piece of info. It is actually a nice and useful piece of info. It basically provides for payment of benefits to workers in cases of sickness, maternity, injury, etc. 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. 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. Buy Employee's State Insurance Act, 1948 Notes PDF Online. the insurance scheme contained in the act has up till date, been applied to a few selected localities. (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’S STATE INSURANCE ACT AND RULES. Where an employer, in relation to a factory or establishment transfers that factory or establishment in whole or in part, by sale, gift, lease or license or in any other manner whatsoever, the employer and the person to whom the factory or establishment is so transferred shall jointly and severally be liable to pay the amount due in respect of any contribution or any other amount payable under this Act in respect of the periods up to the date of such transfer: PROVIDED that the liability of the transferee shall be limited to the value of the assets obtained by him by such transfer. 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. ], Section 2A. Applicability. Its main aim is to provide economic security to people who work in certain factories and establishments. Many thanks for the great posting. Download Free Sample Of Employee's State Insurance Act, 1948 Notes PDF Online from … Exemption of a factory or establishment or class of factories or establishments. ], In this Act, unless there is anything repugnant in the subject or context,-. The Employees State Insurance Act,1948 is a great landmark in the history of social security legislation in India. The act of 1948 was amended by the amendment acts of 1966,1975,1984,1989,and1997. [19. th April, 1948. (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]. (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,]. Employees injured or maimed while working may claim benefits from this Act. Updated on 13th Dec, 2020 . 51 of 1970, w.e.f. (a) a company, other than a firm, means the managing director or a whole-time director; Section 87. Download Free Sample Of Employee's State Insurance Act, 1948 Notes PDF Online from Company Secretary and Get Upto 5% OFF on … The scope of coverage of the Employee’s State Insurance Act is much more wider than the Worker’s Compensation Act. 15,000 with effect from 1 May 2010. The Employee State Insurance Act, 1948 This act is a piece of legislation of social security legislation conceived as a result of extinction of The act of 1948 was amended by the amendment acts of 1966,1975,1984,1989,and1997. ESI benefits extend not only to the employees but to their dependents as well … The Employees’ State Insurance (ESI) scheme under the ESI, Act, 1948 provides social security coverage to workers employed in various factories and establishments, and covers contingencies such as sickness, maternity leave, and physical disablement or death due to employment injury resulting in loss of wages or earning capacity.. 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. (a) receiving education, till he or she attains the age of twenty-one years. Section 91A. (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 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. • Originally called “workmen’s state insurance bill” 1946. Contributions, etc., due to Corporation to have priority over other debts. (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. (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;]. Rahul's Noteblog Notes on Labor Welfare Explain the Employee's State Insurance Act of 1948. Employees State Insurance Act, 1948. 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. 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 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 … 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. EMPLOYEES’ STATE INSURANCE ACT, 1948. •Health insurance first discussed in 1927 by indian legislature. 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. 2. ], Section 94. 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. (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. 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 … 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 ; (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. A statement indicating the broad details of various benefits provided under the Act is … The Workmen’s Compensation Act provide for compensation in case of occupational disease or compensation for injury by accident. 133[(1) The Central Government may give directions to a State Government as to the carrying into execution of this Act in the State. Power of Central Government to make rules. Non-seasonal factories employing 20 or more employees and using power are covered under this Act. the insurance scheme contained in the act has up till date, been applied to a few selected localities. The ESI Act provides for the following benefits to workers insured under this Act: The object of this Act is to provide for certain benefits to employees in case of sickness, maternity and employment injury. 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. Explanation : For the purposes of this section, (i) “company” means any body corporate and includes a firm and other associations of individuals; and. 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. Based on the principle of “pooling of risks and resources”, it guaranteed to provide full medical facilities to the beneficiaries. THE EMPLOYEES’ STATE INSURANCE ACT, 1948 ACT NO. There's noticeably a bundle to know about this. 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. (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. I am glad I have taken the time to see this.... Free MBA Notes/Free BBA Notes/ MBA Study Material/ MBA Notes. 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. 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. but does not include a mine subject to the operation of the Mines Act, 1952 or a railway running shed;]. 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. The Act contains several important definitions and provisions that regulate these workers. 10,000 to Rs. 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. (2) It extends to the whole of India 1[***]. Hi! (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]]. (3) No court shall take cognizance of any offence under this Act except on a complaint made in writing in respect thereof 131[* * *]. The Workmen’s Compensation Act provide for compensation in case of occupational disease or compensation for injury by accident. 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 … (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;]. 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. (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. 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. 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. (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;]. 0 Ratings 14881 Interaction 5538 Downloads . Foot Notes . (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,-. 1 The words "except the State of Jammu and Kashmir" omitted by Act No. 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 … The Employees State Insurance Act, 1948 is beneficial and social legislation. Power of Central Government to give directions. However, there is nothing to ensure the workers with benefits in case of sickness, maternity, disablement etc. (a) a parent other than a widowed mother. 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 – 1948 •Pioneering measure in social insurance 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 [Act No. The employee ‘ State insurance act extends to the whole of India, including the state of Jammu and Kashmir. Tag: employee state insurance act 1948 notes. View Notes - notes on insurance from GECC 1130 at CUHK. Employees' State Insurance Act, 1948 [Act No. No exemption shall be granted or renewed under section 87 or section 88, unless a reasonable opportunity has been given to the Corporation to make any representation it may wish to make in regard to the proposal and such representation has been considered by the appropriate government. However, there is nothing to ensure the workers with benefits in case of sickness, maternity, […] (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;]. 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. (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. ], Section 92. 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. (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,-. 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. [Act No. Buy Employee's State Insurance Act, 1948 Notes PDF Online. 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. The Employees’ State Insurance Act is applicable to the whole of India. 1) Introduction - The Employees State Insurance Act,1948 is a great landmark in the history of social security legislation in India. (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. Employee state insurance act, 1948 1. 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.]. The ESI Act stipulates the rules and regulations … The Employees’ State Insurance Act is applicable to the whole of India. Section 89. Hi! The Employees* State Insurance Act (ESI Act) was enacted with the object of introducing a scheme of health insurance for industrial workers. (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. 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. Section 91. the Employee’s state Insurance Act 1948 filled this gap. Employee State Insurance Act, 1948 Presented By : Namrata Jadhav 58 2. 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.