It is one of the retirement benefits given by the employer to the employ... INTRODUCTIONPension can be rightly termed as a financial security during old age, when there is no direct source of income. (2) It extends to the whole of India 2***. Where the rules require the licensing authority to issue a licence on satisfaction of all  legal requirements/record reasons for refusal. State Insurance under The Employee's State Insurance Act,1948. Under factories act 1948 , the procedure for licensing and registration is given under various sections. Its procedure is as following :-. . submission of plans of any class or description of factories to the Chief Inspector or the State Government; obtaining previous permission of the State Government or the Chief Inspector, for the site on which factory is to be situated and for construction or extension of any factory or class or description of factories. However, replacement or addition of any plant or machinery within prescribed limits, shall not amount to extension of the factory, if it does not reduce the minimum safe working space or adversely affect the environmental conditions which is injurious to health; considering applications for permission for the submission of plans and specifications; nature of plans and specifications and the authority certifying them; fees payable for registration and licensing and for the renewal of licences; licence not to be granted or renewed unless notice specified under Section 7 has been given. The Doctrine of Nolo Contendere or Plea Bargaining has been introduced by Criminal Law Amendment Act, 2005. DUTIES. To advice the ESI Corporation in regard to various matters relating to Medical Benefits, under the Act. The ESI Act, 1948 in the first instance, applies to: o Factories using power in the manufacturing process and employing 10 or more persons. Bail commonly means release on one's own bond, with or without sureties. EMPLOYEES’ STATE INSURANCE ACT, 1948 [Act No. It is an autonomous corporation regulated under the supervision of the Ministry … The ESI Corporation under this Act plays a very important role in this regard. Factories working with the aid of power wherein less than 10 persons are employed; Factories working without the aid of power wherein less than 20 persons are employed; Seasonal factories engaged exclusively in any of the following activities viz. In criminal proceedings once a Police Officer receives information about the commission of an offence he is entitled to start investigation of the matter. The provisions of The Factories Act, 1948, or any rules made under the Act, or any order given in writing under the Act is violated, it is treated as an offence. 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. Its procedure is as following :- During a period for which no person has been designated as Manager of a factory or during which the person designated does not manage the factory any person found acting as manager, will be the manager for the purposes of the Act. Employee State Insurance Act, 1948 – An overview. If the State Government or Chief Inspector do not grant permission to the site, construction or extension of a factory, or to the registration and licensing of a factory, the applicant may within 30 days of the date of such refusal appeal to: (i) the Central Government against the order of the State Government; (ii) the State Government against the order of any other authority. It is the information recorded by the police officer on duty, given either by the aggrieved person or any other person about the commission of an alleged offence. The following penalties can be imposed:-(a) Imprisonment for a term which may extend to one year; (b) Fine which may extend to one lakh rupees; or (c) Both fine and imprisonment. 01/01/1997) on the cost of labour charges can be made on actual basis, if details/break up (such as cost of material Employers are not required to provide separate sick leaves to the employees covered under ESI Employer’s contribution is a qualified expense under the Income Tax Act. (Dhropadabai and Others Vs. M/s. ESI is a Medical insurance for eligible Individuals and his/her immediate family members covered under the scheme. © 2000-2021, Helplinelaw.com Terms of Use. Act may be called the Employees' State Insurance Act, 1948. Introduction. A factory or other establishment to which this Act applies, shall continue to be governed by its provisions even if the number of workers employed there in falls below the specified limit or the manufacturing process therein ceases to be carried on with the aid of power, subsequently. The Employees’ State Insurance Act, 1948 is beneficial and social legislation. Hence the act prescribes fines and imprisonment if the employers fail to apply factory act in true spirit. Your email address will not be published. ESI Corporation. ( 3 ) It shall come into force on the 1st day of April 1949. Such other particulars as may be prescribed. The work of the factory inspector is to ensure that the Factories Act, 1948 is fully adhered to by owners of factories. Why this ESIC Act, 1948 came into force: This Act is designed to complete the task of protecting “Employees” as defined in the ESI Act – 1948, against the hazards of Sickness, Maternity, Disablement or Death due to Employment injury and to provide full Medical care to … 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 incidental to or connected with any of the aforesaid activities, and including factories engaged for a period not exceeding seven months in a year in blending, packing or repackaging of tea or coffee, or in such other process as may be specified by the Central Government; A factory which was exempted from the provisions of the Act as being a 'seasonal factory' will not lose the benefit of the exemption on account of the amendment of the definition of 'seasonal factory'. The Employees’ State Insurance Act, 1948 is one of the most important laws that provide social security. Where no such person is found the occupier should be deemed to be the manager of the factory. State Insurance under The Employee's State Insurance Act,1948. Employees' State Insurance (abbreviated as ESI) is a self-financing social security and health insurance scheme for Indian workers. The Employees' State Insurance Act, provides for certain benefits to employees in case of sickness, maternity and employment injury. Your email address will not be published. 31.01.2021: PT for the month of December where the tax liability is more than Rs 1,00,000/-PT Return: Factories Act, 1948: 15.01.2021: Yearly Return Ending 31St Dec, 2019 : Factories Act, 1948: 15.01.2021 Learn how your comment data is processed. Every accused person is presumed to be innocent until proved guilty The effect of granting bail is not to set the accused free, but to release him from custody and to entrust hi... A summon is a court order to an individual to appear in court at a specified time and place. Required fields are marked *. 34 of Year 1948, dated 19th. A new Chapter XXI A on Plea Bargaining was introduced in the Criminal Procedure Code, 1973. 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 G C Mohanta, BE(Mech), MSc(Engg), MBA, PhD(Mgt) Professor 2. 2 [( 2 ) It extends to the whole of India 3 ***.] The name and address of the owner of the premises or building (including the precincts, etc., thereof referred to in Section 93). The Employees' State Insurance Act, provides for certain benefits to employees in case of sickness, maternity and employment injury. 1.10.2006 it has also been extended upon shops, hotels, restaurants, roads, motor transport … GRATUITYGratuity is that part of the salary of an Employee which he receives from his/her employer in gratitude for the services offered to the employer’s company. POWERS. Short title, extent and commencement.—(1) This Act may be called the Factories Act, 1948. Vijay Associates - Service Provider of Factories Act, ESI - (Employee State Insurance Act, 1948) & PF - (Provident Fund Act, 1952) from Chennai, Tamil Nadu, India ESI is managed by the Employee State Insurance Corporation - an autonomous body established under the Ministry of Labour and Employment, Government of India. The ESI Act, which has replaced the Workmen's Compensation Whether an employee earning more than the wage ceiling stipulated under the Employees' State Insurance Act, 1948 is eligible to claim compensation under Employee's Compensation Act? The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. esi act 1948 1. employees’ state insurance act, 1948 applicability of the act & scheme : is extended in are wise to factories using power & employeeing 10 or more persons and non-power using manufacturing unit and establishment employeeing 20 or more persons up to rs. (S. Kunju v. Kerala, (1985) 2 LLJ 106). Such deductions towards ESI @ 6.5% (w.e.f. A notice must contain following particulars: Notice where new manager is appointed Whenever a new manager is appointed, the occupier shall send to the Inspector a written notice and to the Chief Inspector a copy thereof, within seven days from the date on which such person takes over charge. 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 theret o. The appropriate Government may exempt any factory or establishments or class of factories or establishments or any employee or class of employees from the provisions of this Act. Employee State Insurance (Central) Rules , 1950. Section 45 of the Employees State Insurance Act, 1948 (ESI Act) empowers certain Social Security Officers (SSOs) to carry out an inspection of an employer of an establishment (by virtue of … They should not have any direct or indirect interest in what goes on in factories. Equal Pay For Equal Work: Concept and Case Laws, Factories Act, 1948 – History, Objective & Applicability, Minimum Wages Act, 1948: Important Provisions, Minimum Wages Act, 1948: History, Objective & Applicability, Right to Privacy – The Indian Perspective, 5th National Essay Writing Competition on Nation and Nationalism 2021, National Amendment Writing Competition | Vasundhara-The Green Society, Law College Dehradun [Register by Jan 26], Calculating Costs: How Insurance Companies Determine Premiums for 9 Forms of Business Coverage, The Hammersmith Ghost Case | R. Nirmmita Mano and Mirudhula A, National Poster Making Competition | School of Legal Studies, BBDU [Submit by 12 Feb]. HOW IS A SUMMON SERVED The ESI Act, 1948 in the first instance, applies to: Factories using power in the manufacturing process and employing 10 or more persons; Non-power using factories or establishments employing 20 or more persons for wages. Objective of ESI ActTo provide benefits for sickness, maternity,disablement and medical treatment toemployees of factories and establishmentsand to the dependents of such employees 3. NAME OF AUTHORITY. 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 … The name of the Manager of the factory for the purpose of this Act. Section 7 imposes an obligation on the occupier of a factory to send a written notice, containing prescribed particulars, to the Chief Inspector at least 15 days before an occupier begins to occupy or use a premises as a factory and at least 30 days before the date of resumption of work in case of seasonal factories, i.e. The object of ss. 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