The employee when ill will be examined free of charge by the doctors in attendance who will prescribe medicines for him if necessary. In view of the urgency as pointed out above, the Employees' State Insurance (Amendment) Ordinance, 2008 was promulgated on the 3rd July, 2008. 187. 20-10-1989). 1950, for Province . (2) In the event of the Corporation exercising its power under sub-section (1), the provisions relating to medical benefit under this Act shall apply, so far as may be, as if a reference therein to the State Government were a reference to the Corporation. 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;]. (No. 74. 138. 118. (2) Subject to the provisions of this Act, the Corporation may, on such review as aforesaid, direct that the dependants' benefit be continued, increased, reduced or discontinued.]. Subs. (1) A principal employer, who has paid contribution in respect of an employee employed by or through an immediate employer, shall be entitled to recover the amount of the contribution so paid (that is to say the employer's contribution as well as employee's contribution, if any), from the immediate employer, either by deduction from any amount payable to him by the principal employer under any contract, or as a debt payable by the immediate employer. 20-10-1989). by Act, 18 of 2010, S. 9 (w.e.f. by Act, 44 of 1966, S. 2, for original clause (w.e.f. 20-10-1989). 107. (ix) Any person discharging any liability to the principal or immediate employer after the receipt of a notice under this sub-section shall be personally liable to the Director-General or the officer so authorised to the extent of his own liability to the principal or immediate employer so discharged or to the extent of the principal or immediate employer's liability for any sum due under this Act, whichever is less. Subs. 174. 178. by Act, 45 of 1984, S. 3 (w.e.f. 125. 1. Notification No. Primary neoplasm of the epithelial lining of the urinary bladder or the kidney or the ureter. 208. 2. For the purposes of this section, (i) company means any body corporate and includes a firm and other association of individuals; and. 185. 4 of 1957. by Act, 18 of 2010, S. 8 (w.e.f. (3) No civil court shall have jurisdiction to decide or deal with any question or dispute as aforesaid or to adjudicate on any liability which by or under this Act is to be decided by 239[a medical board, or by a medical appeal tribunal or by the Employees' Insurance Court]. 29-6-2018, published in the Gazette of India, Extra., Part II, Section 3(ii), dated 2nd July, 2018, pp. The other important amendments proposed to be carried out are as under: (i) With a view to give relief to the low-paid employees, the level of average daily wages is being raised from below Rs. 294[(ei)] the manner in which and the time within which appeals may be filed to medical appeal tribunals or Employees' Insurance Courts; (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 realisation; (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 authorised; (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 sums so disallowed or surcharged; (n) the preparation of budget estimates and 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; 295[* * *], 296[(oa) the period of non-entitlement for cash benefit in case of conviction of an insured person;]. 286. 17-6-1967). 1-6-2010). The benefits proposed for insured persons by this scheme are: Whenever any insured person needs medical aid, he or she will have it free. (1) Save as expressly provided in this section, no appeal shall lie from an order of an Employees' Insurance Court. (7) duly appointed means appointed in accordance with the provisions of this Act or with the rules or regulations made thereunder; 21[(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. by Act, 29 of 1989, S. 44 (w.e.f. 160. EMPLOYEES STATE INSURANCE ACT 1948. ], 144[(3) The wage period in relation to an employee shall be the unit in respect of which all contributions shall be payable under this Act.]. 186. Subs. 23. such question or dispute 234[subject to the provisions of sub-section (2-A)] shall be decided by the Employees' Insurance Court in accordance with the provisions of this Act. by Act, 29 of 1989, S. 16 (w.e.f. 258. (iv) Save as otherwise provided in this sub-section, every person to whom a notice is issued under this sub-section shall be bound to comply with such notice, and, in particular, where any such notice is issued to a post office, bank or an insurer, it shall not be necessary for any passbook, deposit receipt, policy or any other document to be produced for the purpose of any entry, endorsement or the like being made before payment is made notwithstanding any rule, practice or requirement to the contrary. 1-1-1992). No. 326. Occupational cataract due to infra-red radiations. The provisions of the Employees' State Insurance Act are an improvement in this matter on the Workmen's Compensation Act under which compensation was paid in a lump sum and the party responsible for the payment of compensation was the employer. Subs. Subs. Page 2: No doubt it did have something to do with all this power failure and the rest of it. by the A.O. 218[(5) The State Government may, in addition to the Corporation under this Act, with the previous approval of the Central Government, establish such organisation (by whatever name called) to provide for certain benefits to employee in case of sickness, maternity and employment injury: Provided that any reference to the State Government in the Act shall also include reference to the organisation as and when such organisation is established by the State Government. 1-6-2010). by Act, 45 of 1984, S. 4 (w.e.f. (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 the A.O. Subs. 20-10-1989). 20-10-1989). 61. Subs. It was, therefore, considered essential and urgent to enable the Employees' State Insurance Corporation to participate in the scheme with immediate effect. 2 to below Rs. by Act, 18 of 2010, S. 22 (w.e.f. Those in other areas will not pay anything. No. Poisoning by dinitrophenol or a homologue or by substituted dinitrophenol or by the salts of such substances. Both A and Bd. (2) Rules made under this section shall be published in the Official Gazette and thereupon shall have effect as if enacted in this Act. 165. 226. 281. (6) The organisation referred to in sub-section (5) shall have such structure and discharge functions, exercise powers and undertake such activities as may be prescribed.]. 277. Subs. Subs. If the deceased employee has no wife or children, the benefit may go to his parents or grandparents or to other dependants at such rates as may be decided by the Employees' State Insurance Court. S.O. Renumbered as sub-section (1) by Act, 53 of 1951, S. 8. 272. 1-6-2010). I have not attained the age of superannuation during the period of claim. 134 OF 1948 [19th April, 1948.] (f) the nature and extent of the staff, equipment and medicines that shall be provided at such hospitals, dispensaries and institutions; (g) the conditions of service of the staff employed at such hospitals, dispensaries and institutions; and. 1-6-2010). (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely. by Act, 18 of 2010, S. 3 (w.e.f. The budget shall contain provisions adequate in the opinion of the Central Government for the discharge of the liabilities incurred by the Corporation and for the maintenance of a working balance. ], 276[91-AA. by Act, 29 of 1989, S. 3(iii) (w.e.f. In this connection it may be mentioned that the Corporation is now thinking also of introducing the panel system of treatment. 317. 1-2-1991). (5) 112[The Director-General or the Financial Commissioner] shall receive such salary and allowances as may be prescribed by the Central Government. Administrative expenses. (1) With effect from such date 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. 241. 94. (1) The Corporation may appoint such persons as 163[Social Security Officers], as it thinks fit, for the purposes of this Act, within such local limits as it may assign to them. 225. by Act, 18 of 2010, S. 20 (w.e.f. ], 322[At any time when its funds so permit, the Corporation may provide or contribute towards the cost of medical care for the families of insured persons.]. Subs. 230. (6) A person shall be disqualified from being appointed as or for being 113[the Director-General or the Financial Commissioner] if he is subject to any of the disqualifications specified in Section 13. Subs. 239. Occupational asthma caused by recognised sensitising agents inherent to the work process. 1-1-1992). Duties of [Director-General and the Financial Commissioner]130. On the other hand, he will continue to receive a sum of money periodically so that there will be a regular flow of income to the injured person as long as his disablement lasts. (3) 108[The Director-General and the Financial Commissioner] shall be whole-time officers of the Corporation and shall not undertake any work unconnected with their office without the sanction of the Central Government 109[and of the Corporation]. 28-1-1968). 247. For S.O.R. 17-6-1967). Employees State Insurance Act 1948 provides for, 135. 29 of 1989 (DOC.NORMES) (consulted on 2013-10-03) Abstract/Citation: An Act to provide certain benefits for employees in the case of sickness, maternity or employment injury funded from contributions made by both employers and employees. 1208, dated April 22, 1997. (vii) the assessing of the money value of any benefit which is not a cash benefit; (viii) the time within which 308[and the form and manner in which] any claim for a benefit may be made and the particulars to be specified in such claim; (ix) the circumstances in which an employee in receipt of disablement benefit may be dismissed, discharged, reduced or otherwise punished; (x) the manner in which and the place and time at which any benefit shall be paid; (xi) the method of calculating the amount of cash benefit payable and the circumstances in which and the extent to which commutation of disablement and dependant's benefits, may be allowed and the method of calculating the commutation value; (xii) the notice of pregnancy or of confinement and notice and proof of sickness; 309[(xii-a) specifying the authority competent to give certificate of eligibility for maternity benefit;], 310[(xii-b) the manner of nomination by an insured woman for payment of maternity benefit in case of her or her child's death;], 311[(xii-c) the production of proof in support of claim for maternity benefit or additional maternity benefit;]. 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Called the Employees ’ State Insurance Act, 29 of 1989, S. 43 ( w.e.f and the. The disablement lasts for employees' state insurance act, 1948 provides for 7 days the disablement lasts for over 7 days shall ordinarily be established from data! The word work ( w.e.f in its discretion, submit any other matter which is or! By the salts of such substances the silk road near the Employees on his list ) Save as expressly in! To extend benefits also to the family of the employee needs to enter hospital, that may also be for... A baby from service as soon as she expects a baby various industries for original clause w.e.f! Lie from an order of an offence involving moral turpitude not exceeding 12.70 cm have come into force 27th!