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Employees State Insurance Act, 1948

Employees State Insurance Act, 1948

 

 

CONTENTS

Sections

Particulars

     

  

1

Short title, Extent, Commencement and Application

2

Definitions

2A

Registration of Factories and Establishments

3

Establishment of Employees’ State Insurance Corporation

4

Constitution of Corporation

5

Term of Office of members of the corporation

6

Eligibility for Re-Nomination for Re-Election

7

Authentication of Orders, Decisions, Etc.

8

Constitution of Standing Committee

9

Term of Office of members of standing committee

10

Medical benefit council

11

Resignation of Membership

12

Cessation of Membership

13

Disqualification

14

Filling of Vacancies

15

Fees and Allowances

16

Principal Officers

17

Staff

18

Powers of the standing committee

19

Corporation’s power to promote measures for health, etc., of insured persons

20

Meetings of Corporation, standing committee and medical benefit council

21

Super session of the Corporation and Standing Committee

22

Duties of Medical benefits council

23

Duties of Director General and the Financial commissioner

24

Acts of Corporation, Etc., not invalid by reason of defect in constitution, etc.

25

Regional Boards, Local Committees, Regional and local medical benefit councils

26

Employees’ State Insurance Fund

27

Grant by the Central Government

28

Purposes for which the fund may be expended
28A Administrative Expenses

29

Holding of Property, etc.

30

Vesting of the property in the corporation

31

Expenditure by Central Government to be treated as a Loan

32

Budget Estimates

33

Accounts

34

Audit

35

Annual Report

36

Budget, Audited Accounts and the Annual Report to be placed before Parliament

37

Valuation of Assets and Liabilities

38

All Employees to be Insured

39

Contributions

40

Principal Employer to pay contributions in the First Instance

41

Recovery of Contributions from immediate employer

42

General Provisions as to payment of contributions

43

Method of Payment of Contribution

44

Employers to furnish returns and maintain registers in certain cases

45

Inspectors, Their Functions and Duties

45A

Determination of Contributions in certain cases

45B

Recovery of Contributions

45C

Issue of Certificate to the Recovery Officer

45D

Recovery Officer to whom certificate is to be forwarded

45E

Validity of certificate and amendment thereof

45F

Stay of Proceedings under certificate and amendment or withdrawal thereof

45G

Other Modes of Recovery

45H

Application of certain provision of the Income-Tax Act

45I

Definitions

46

Benefits

47

When person eligible for sickness benefit

48

When person deemed available for employment

49

Sickness benefit

50

Maternity benefit

51

Disablement benefit

51A

Presumption as to accident arising in course of employment

51B

Accidents Happening while acting in breach of regulations, etc.

51C

Accidents Happening while traveling in employer’s transport

51D

Accidents Happening while meeting emergency

52

Dependant’s Benefits

52A

Occupational Disease

53

Bar against receiving or recovery of compensation or damages under any other law

54

Determination of Question of Disablement

54A

References to Medical boards and appeals to medical appeal tribunals and employees’ Insurance Courts

55

Review of decisions by Medical Board or Medical appeal tribunal

55A

Review of Dependants’ benefit

56

Medical benefit

57

Scale of Medical benefit

58

Provision of Medical Treatment by State Government

59

Establishment and maintenance of Hospitals, etc., by corporation

59A

Provision of Medical benefit by the corporation in lieu of State Government

60

Benefit not Assignable or Attachable

61

Bar of benefits under other enactments

62

Persons not to commute cash benefits

63

Persons not entitled to receive benefit in certain cases

64

Recipients of sickness or disablement benefit to observe conditions

65

Benefits not to be combined

66

Corporation’s right to recover damages from employer in certain cases

67

Corporations right to be indemnified in certain cases

68

Corporation’s rights where a principal employer fails or neglects to pay any contribution

69

Liability of owner or occupier of factories, etc., for excessive sickness benefit

70

Repayment of benefit improperly received

71

Benefit payable up to and including day of death

72

Employer not t reduce wages, etc.

73

Employer not to dismiss or punish employee during period of sickness, etc.

74

Constitution of Employees’ Insurance Court

75

Matters to be decided by employees’ Insurance Court

76

Institution of Proceedings, Etc.

77

Commencement of Proceedings

78

Powers of Employees’ Insurance Court

79

Appearance by Legal Practitioners, Etc.

80

Benefit not admissible unless claimed in time

81

Reference to High Court

82

Appeal

83

Stay of Payment Pending Appeal

84

Punishment for False Statement

85

Punishment for failure to pay contributions, etc.

85A

Enhanced Punishment in certain cases after previous conviction

85B

Power to Recover Damages

85C

Power to Court to make orders

86

Prosecutions

86A

Offences by Companies

87

Exemption of a Factory or Establishment or class of Factories, or establishments

88

Exemption of persons or class of persons

89

Corporation to make representation

90

Exemption of Factories or establishments belonging to Government or any local Authority

91

Exemption from one or more provisions of the Act

91A

Exemptions to be either prospective or retrospective

91B

Misuse of benefits

91C

Writing off of losses

92

Power of Central Government to give Directions

93

Corporation Officers and servants to be Public servants

93A

Liability in case of transfer of establishment

94

Contributions, Etc., due to corporation to have priority over other debts
94A Delegation of Powers
95 Power to Central Government to make rules
96 Power of State Governments to make rules
97 Power to Corporation to make regulations
98 Corporation may undertake duties in the Indian States
99 Medical care for the families of Insured persons
99A Power to remove difficulties
100 Repeals and Savings
   

Schedules

 

Schedule 1

Omitted

Schedule 2

List of Injuries deemed to result in permanent total disablement

Schedule 3

List of Occupational Diseases

 

Indian Laws – Bare Acts

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