The benefit is not payable to the married daughter. Employee Benefits: Subject to such condition as may be prescribed by the central govt. To qualify for these benefits, the contribution should have been paid for at least78 days in the relevant contribution period. It aims to protect employees, as defined in the Employees’ State Insurance Act, 1948, against the impact of incidences of sickness, maternity, disablement, and death due to employment injury and to provide medical care to the insured persons and their families. Extension Of The ESI Scheme To The Construction Site WorkerS : The Construction site workers who were kept out of coverage of ESI act till date, Now covered with the implementation of it roll out "any time, anywhere". The Act in fact tries to attain the goal of socio-economic justice enshrined in the Directive principles of state … There have been a number of developments in the ESIS during the past three years. appeal - (1) save as expressly provided in this section, no appeal..... chidananda, holding brief for sri s. p. kulkarni, counsel for the respondent. Can’t Prosecute Upper Caste Person Just Because Complainant is from SC/ST Community: SC, SC rejects interim bail plea of 1984 anti-Sikh riots convict, Sajjan Kumar, NLSIU not to give admissions on the basis of CLAT 2020, 11-judge bench to hear a petition challenging Maratha reservation, Fined Rs 2 lakh for charging Rs 10 extra for ice-cream. THE EMPLOYEES STATE INSURANCE ACT, 1948 [Act No. 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 1 [ 2A. The … The account of the corporation shall be audited, at such time and in such manner as may be prescribed by the auditor by the central govt. 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 (3) It shall come into force on such 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 . Facilitating coverage of smaller factories; Enhancing the age limit of dependent children for eligibility to dependants benefit; Extending medical benefit to dependent minor brother/sister in case of not having own family and whose parents are also not alive; Streamlining the procedure for assessment of dues from defaulting employers; Providing an Appellate Authority within the Corporation against an assessment to avoid unnecessary litigation; Continuing medical benefit to insured persons retiring under VRS scheme or taking premature retirement; Treating commuting accidents as employment injury; Streamlining the procedure for grant of exemptions; Third party participation in commissioning and running of the Hospitals; Opening of medical/dental/paramedical/nursing colleges to improve the quality of medical care; Making an enabling provision for extending medical care to other beneficiaries against payment of user charges to facilitate providing of medical care from under-utilized ESI Hospitals to the BPL families covered under the RashtriyaSwasthayaBimaYojana introduced by the Ministry of Labour & Employment. The Employees’ State Insurance Scheme is an integrated measure of Social Insurance embodied in the Employees’ State Insurance Act. Objective and Applicability of Employees’ State Insurance Act – The Employees’ State Insurance Act, 1948 primarily gives medical treatment and benefits to the insured persons under this Act and is applicable to any company engaging more than 10 employees drawing salary less than Rs.15,000/- pm. This measure has benefited about eight lakh insured workers across the country. 34 of 1948]1 [19th 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. In case it exceeds the given ceiling, the share of each of the dependents is, proportionately reduced. This limit is considered very low in the context of the current wage levels in various industries. For entitlement to maternity benefit, the insured woman should have contributed for not less than 70 days in the immediately preceding two consecutive contribution periods corresponding to the benefit period in which the confinement occurs or is expected to occur. • 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. Employees State Insurance Act, 1948 | Employee's State Insurance Corporation, Ministry of Labour & Employment, Government of India The Employees’ State Insurance Act was enacted in 1948 with the object, as stated in its preamble, “ to provide for certain benefits to employees in case of sickness, maternity and “employment injury” and to make provisions for certain other matters in relation thereto.” The act introduced an integrated social insurance scheme covering health, maternity and accident insurance. According to the Act, the corporation consists of the following members; The term of office of members is ordinarily four years but nominated member holds office during the pleasure of the government nominating them. 34 of Year 1948, dated 19th. 70/-. THE EMPLOYEE’S STATE INSURANCE ACT, 1948 - Free download as Powerpoint Presentation (.ppt / .pptx), PDF File (.pdf), Text File (.txt) or view presentation slides online. 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 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. Another way to prevent getting this page in the future is to use Privacy Pass. The widow  receives monthly  pension for life or until remarriage, at a fixed rate equivalent to 3/5th of the  disablement benefit rate and each dependent child is paid an amount equivalent  2/5th thereof until he/she attains 18 years of ages, provides that, in case of  infirmity, the benefit continues to be  paid till infirmity. The corporation may employees such other staff of officers and servant as may be necessary for the efficient transaction of its business provided that the sanction of the central government shall be obtained for the maximum monthly salary of which exceeds Rs.3000. Share of Contribution – Under this ESI Act, the employer… Empowering State governments to set up autonomous Corporations for administering medical benefit in the States for bringing autonomy and efficiency in the working. Benefits are receivable during the benefit period, which is defined as follows. (2) It extends to . 100/- have been exempted from payment of their share of contribution. -The Employees' State Insurance Act, 1948, provides, inter alia, for certain benefits to employees in case of sickness, maternity and employment injury and for certain other matters in relation thereto. 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 govt. In case of temporary disability arising out of an employment injury, disablement benefit is admissible to an insured person for the entire period so certified by an insurance medical officer/practitioner for which the insured person does not work for wages. the corporation may, subject to such condition as may be prescribed by the central govt. The Employees’ State Insurance Act, 1948 is one of the most important laws that provide social security. The daily rate of sickness benefit in respect of a person during any benefit period shall be 20 percent more than “standard benefit rate”. The act provides for six types of benefit to insured workmen: A) Sickness benefit B) maternity benefit C) disablement benefit D) dependent’s benefit E) medical benefit F) funeral benefit. The daily rate of dependents shall be 15 percent more than the standard benefit rate. Following are the some salient feature of the ESI (Amendment) Act, 2010. For the first benefit period, a shorter or longer period may be fixed. The benefit is not subject to any contributory condition and is payable at the daily rate of 15 percent more than the standard benefit rate. • The corporation may, with the provisions sanction of the central govt. The employers’ contribution is … on Employees State Insurance Act 1948 : Overview. 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 Employees' State Insurance Act, 1948 [Act No. Maternity benefit continues to be payable even in the event of the death of an insured woman, during her  confinement, or during the period of 6 weeks immediately following her confinement leaving behind  a child for the whole of that period , and in case the child also dies, during the said period, until the death of the child. OBJECTIVE  The objective of the act is to secure sickness, maternity and medical benefits to employees of factories and establishments and dependents benefits to the dependents of such employees. ESI Benefits. Disclaimer : The current Bar Council Rules restrict the information that legal professionals may provide on websites and prohibits soliciting of clients. The daily rate of benefit double the standard sickness benefit rate,i.e. Your IP: 66.115.166.234 EMPLOYEES’ STATE INSURANCE ACT, 1948 [Act No. Employees’ State Insurance Act, 1948. It can sue be sued by its name. 3 [***]]. All of these benefits must arise in the course of employment in order to enable workers to access them. Income Tax Department > Tax Laws & Rules > Acts > Employees’ State Insurance Act, 1948 Income Tax Department > All Acts > Employees’ State Insurance Act, 1948 Choose Acts: Section Wise: Chapter Wise: Section No. If you are at an office or shared network, you can ask the network administrator to run a scan across the network looking for misconfigured or infected devices. The Employees* State Insurance Act (ESI Act) was enacted with the object of introducing a scheme of health insurance for industrial workers. 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, and death due to employment injury resulting in loss of wages or earning capacity. Enter your email address to subscribe to this blog and receive notifications of new posts by email. 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. If you love teaching, get connected with us at [email protected]. The Employees’ State Insurance Act, 1948 provides for certain benefits to employees in case of sickness, maternity and employment injury and also makes provisions for certain other matters in relation thereto. There is a waiting period of 2 days which I waived if the insured person is certified sic within 15 days of the last spell for which sickness benefit period was last paid. the corporation for my time to time invests any money which is not immediately required for expenses properly defrayable under this act and may, subject as aforesaid, from time to time re-invest or realize such investment. the insurance scheme contained in the act has up till date, been applied to a few selected localities. 70% minimum attendance to sit for exams not mandatory: Delhi H.C. The act of 1948 was amended by the amendment acts of 1966,1975,1984,1989,and1997. THE EMPLOYEES' STATE INSURANCE ACT, 1948 ACT NO. The Employees’ State Insurance Act was enacted in 1948 with the object, as stated in its preamble, “ to provide for certain benefits to employees in case of sickness, maternity and “employment injury” and to make provisions for certain other matters in relation thereto.”  The act introduced an integrated social insurance scheme covering health, maternity and accident insurance. the scope and jurisdiction of this court in appeals under section 82 of the employees ' state insurance act is confined to substantial question of law, as per section 82 (2) of the employees ' state insurance act, 1948. section 82 (1) and (2) read : '82. Low paid workers in receipt of daily wages up to Rs. “Appropriate government” means, in respect of establishment under the control of the central government or (a railway administration) or a major port or mine or oilfield, the central government, and in all other cases, the state government; “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; “Sickness” means a condition which requires medical treatment and attendance and necessitates abstention from work on the medical ground; A chairman to be nominated by the Central Government ; A vice – Chairman to be nominated by the Central government; Not more than five people to be nominated by the Central Government ; One person each representing each of the states in which this act is in force to be nominated by the central government; One person to be nominated by the central government to represent the Union territories; Five-person representing employers to be nominated by the central government in consultation with such organization of employees as may be recognized for the purpose by the central government; Three members of Parliament of whom two shall be members of the Loksabha and one shall be a member of the Rajya Sabha elected respectively by the two houses; The Director-General of the corporation, ex – officio. Please enable Cookies and reload the page. Under the Employees’ State Insurance Act 1948 (the ESI Act) the rate of contribution has been reduced from 6.5 per cent to 4 per cent of the wages. Its main aim is to provide economic security to people who work in certain factories and establishments. 2 [the whole of India . and on such term, as may be prescribed by it, raise loans and take measures for discharging such loan. The initial and vital endeavour should be to identify the beneficiaries or the employees for insurance; Transport Corporation of India v. Employees’ State Insurance … You may need to download version 2.0 now from the Chrome Web Store. The annual report the audited accounts of the corporation and the budget as finally adopted by the corporation shall be placed before and published in the official gazettes. Completing the CAPTCHA proves you are a human and gives you temporary access to the web property. before such date as may be fixed by it in that behalf. (2) It extends to the whole of India 2***. Performance & security by Cloudflare, Please complete the security check to access. The Employees State Insurance Act of 1948 has been enacted with the objective of securing financial relief in cases of sickness, maternity, disablement and for providing medical benefits to employees of factories and establishments, and their dependents. 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. The Act contains several important definitions and provisions that regulate these workers. Workers earning less than 15,000/Month are covered under the act. However, it is subject to the condition that the total dependents’ benefit distributed among the widow and legitimate or adopted children of the deceased insured persons, does not exceed, at any time, the full rate of disablement benefit. Earlier this limit was Rs. 34 OF 1948 1* [19th April, 1948.] These short objective type questions with answers are very important for Board exams as well as competitive exams. Sickness benefit represents periodical payments made to an insured person for the period of certified sickness after completing nine months of insurable employment. The new employees covered in 2009-10, 2010-11 and 2011-12 are 1.23 lakh, 1.14 lakhs, and 1.58 lakh respectively. The corporation may in, addition to the scheme of benefits specified in this act, promote measures for the improvement of the health and welfare of insured person and for the rehabilitation and re-employment of insured person who have been disabled or injured and may incur in respect of such measures expenditure from the funds of the corporation within such limits as may be prescribed by the central govt.- sec.19. 1 PANKAJ KUMAR, FCS, Chartered S I ( CISI - London ), MBA ( Finance ) Employees’ State Insurance Act, 1948 Objective and Scope of the Act The Employees’ State Insurance Act, 1948 provides for certain benefits to employees in case of sickness, maternity and employment injury and also makes provisions for certain other matters in relation thereto. If you are on a personal connection, like at home, you can run an anti-virus scan on your device to make sure it is not infected with malware. 4. Section 38 of the Act mandates that all the employees in the factories or establishments shall be insured. acquire and hold property both movable and immovable, sell or otherwise transfer any movable or immovable property which may have become vested in or have been acquired by it and do all things necessary for the purposes for which the corporation is established. We are looking for course developers and course Instructors. Periodical pension is paid to the dependent of a deceased insured person where death occurs as a result of an employment injury or occupational diseases. At present the Act covers employees whose wages do not exceed Rs. Companies that have employed 10 or more workers are covered under the Act. The scheme, which was first introduced at two centers in 1952 with initial coverage of 1.20 lakh workers, today covers 1.55 crore workers in about 790 centers in the country. It benefits about 6.02 crore beneficiaries including the family workers of the insured persons, across the country. 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.] The Employees State Insurance Act, 1948 is beneficial and social legislation. These short solved questions or quizzes are provided by Gkseries. If you continue browsing the site, you agree to the use of cookies on this website. 500 per month. Objectives To provide medical relief, sickness cash benefit, maternity benefits to women workers, pension to the dependents of deceased workers and compensation for fatal and other employment injuries including occupational diseases, in an integrated form through a contributory fund.