employee state insurance act, 1948 notes

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 95. 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. 1) Introduction - The Employees State Insurance Act,1948 is a great landmark in the history of social security legislation in India. 137[(a) the limit of wages beyond which a person shall not be deemed to be an employee; (ab) the limit of maximum monthly salary for the purpose of sub-section (1) of section 17;]. The scope of coverage of the Employee’s State Insurance Act is much more wider than the Worker’s Compensation Act. The employee ‘ State insurance act extends to the whole of India, including the state of Jammu and Kashmir. Buy Employee's State Insurance Act, 1948 Notes PDF Online. (2) It extends to the whole of India 1[***]. (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. ], 4[(6) A factory or an establishment to which this Act applies shall continue to be governed by this Act notwithstanding that the number of persons employed therein at any time falls below the limit specified by or under this Act or the manufacturing process therein ceases to be carried on with the aid of power. ], In this Act, unless there is anything repugnant in the subject or context,-. THE EMPLOYEES’ STATE INSURANCE ACT, 1948. (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. Corporation officers and servants to be public servants. (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 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. The appropriate government may, by notification in the Official Gazette and subject to such conditions as may be specified in the notification, exempt any factory or establishment or class of factories or establishments in any specified area from the operation of this Act for a period not exceeding one year and may from time to time by like notification renew any such exemption for periods not exceeding one year at a time. (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. The Employee State Insurance Act, 1948 This act is a piece of legislation of social security legislation conceived as a result of extinction of (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. (a) receiving education, till he or she attains the age of twenty-one years. 11[(4) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session 142[or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid ], both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]. 134 OF 1948 [19th April, 1948.] •Health insurance first discussed in 1927 by indian legislature. 1st. 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. THE EMPLOYEES’ STATE INSURANCE ACT, 1948. (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. (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,-. 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. 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. (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. Exemptions to be either prospective or retrospective, Any notification granting exemption under section 87, section 88, section 90 or section 91 may be issued so as to take effect either prospectively or retrospectively on such date as may be specified therein.]. 133[(1) The Central Government may give directions to a State Government as to the carrying into execution of this Act in the State. Saurabh Ranjan-- Introduction to ESI: The Employees’ State Insurance (ESI) Scheme, enacted in 1948 was the first major legislation for social security in India. (14) “insured person” means a person who is or was an employee in respect of whom contributions are or were payable under this Act and who is, by reason thereof, entitled to any of the benefits provided by this Act; 11[ (14A) “managing agent” means any person appointed or acting as the representative of another person for the purpose of carrying on such other person’s trade or business, but does not include an individual manager subordinate to an employer;], 4[(14AA) “manufacturing process” shall have the meaning assigned to it in the Factories Act, 1948;], (14B) “mis-carriage” means expulsion of the contents of a pregnant uterus at any period prior to or during the twenty-sixth week of pregnancy but does not include any mis-carriage, the causing of which is punishable under the Indian Penal Code;]. THE EMPLOYEES’ STATE INSURANCE ACT, 1948 ACT NO. So, the ESI Act 1948 is a Social Security Scheme for the protection and benefits of the employees of the organised sectors. 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. (ii) a minor legitimate or adopted child dependent upon the insured person; (iii) a child who is wholly dependent on the earnings of the insured person and who is-. Employee State Insurance Act, 1948 Introduction The Employee State Insurance Act is a landmark in the history of social security in India. 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. 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 … 34 of 1948] 1. Section 88. • Pioneering measure in social insurance Explanation : For the purposes of this section, (i) “company” means any body corporate and includes a firm and other associations of individuals; and. (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,-. Updated on 13th Dec, 2020 . 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;]. Section 91A. Accordingly, as per rule 50, the wage limit for coverage of an employee under Employees State Insurance Act has been enhanced from Rs. (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. Employees' State Insurance Act, 1948... Synopsis . 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. 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 … Short title, extent, commencement and application. The Employees' State Insurance Act, 1948, is a social security legislation that provides for certain benefits to employees in case of sickness, maternity and employment injury and to make provisions for certain other matters in relation thereto. 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. Employees' State Insurance Act, 1948... Synopsis . 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 (p) any matter which is required or allowed by this Act to be prescribed by the Central Government. 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 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 ; 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. the insurance scheme contained in the act has up till date, been applied to a few selected localities. The Employees State Insurance Act, ESI Act for short, was enacted by the Government of India in 1948. ], Section 2A. (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]. (a) a company, other than a firm, means the managing director or a whole-time director; Section 87. 0 Ratings 14881 Interaction 5538 Downloads . EMPLOYEES’ STATE INSURANCE ACT, 1948. the Employee’s state Insurance Act 1948 filled this gap. the insurance scheme contained in the act has up till date, been applied to a few selected localities. ], Section 93. This article will explain the highlight sections of the Act, as well as elaborate land… (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. Download Free Sample Of Employee's State Insurance Act, 1948 Notes PDF Online from … (1) “appropriate government” means, in respect of establishments under the control of the Central Government or 7[a railway administration] or a major port or a mine or oilfield, the Central Government, and in all other cases, the 8[State] Government; (3) “confinement” means labor resulting in the issue of a living child or labor after twenty-six weeks of pregnancy resulting in the issue of a child whether alive or dead; (4) “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; (6) “Corporation” means the Employees’ State Insurance Corporation set up under this Act; 11[(6A) “dependant” means any of the following relatives of a deceased insured person, namely,-, (i) a widow, a minor legitimate or adopted son, an unmarried legitimate or adopted 12[daughter;]. Liability in case of transfer of establishment. There are general rules relating to benefit under the said Act. 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. 15,000 with effect from 1 May 2010. 141[(2A) The power to make rules conferred by this section shall include the power to give retrospective effect, from a date not earlier than the date of commencement of this Act, to the rules or any of them but no retrospective effect shall be given to any rule so as to prejudicially affect the interest of any person other than the Corporation to whom such rule may be applicable.]. View Notes - notes on insurance from GECC 1130 at CUHK. The Employees’ State Insurance Act is applicable to the whole of India. 34 of Year 1948, dated 19th. 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. (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,]. It is a legislation which aims at bringing about social and economic justice to the labour class of the country. ], 24[(24) all other words and expressions used but not defined in this Act and defined in the Industrial Disputes Act, 1947, shall have the meanings respectively assigned to them in that 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. Exemption of persons or class of persons. 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. The Workmen’s Compensation Act provide for compensation in case of occupational disease or compensation for injury by accident. Employees injured or maimed while working may claim benefits from this Act. 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. Foot Notes . 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. Dependants benefits. The Employees State Insurance Act,1948 is a great landmark in the history of social security legislation in India. View Notes - notes on insurance from GECC 1130 at CUHK. The ESI Act stipulates the rules and regulations … (ef) the qualifications, conditions, rates and period of sickness benefit, maternity benefit, disablement benefit and dependants benefit; (eg) the conditions for grant of medical benefits for insured persons who cease to be in insurable employment on account of permanent disablement; (eh) the conditions for grant of medical benefits for persons who have attained the age of superannuation;], 139[(ei) the manner in which and the time within which appeals may be filed to medical appeal tribunals or Employees’ Insurance Courts;]. The Central Government has empowered to enforce different provisions of the Act in different states or part thereof on different dates. Whereas it is expedient to provide for certain benefits to employees in case of sickness, maternity and employment injury and to make provision for … 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 … Tag: employee state insurance act 1948 notes. A statement indicating the broad details of various benefits provided under the Act is … 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. The Act contains several important definitions and provisions that regulate these workers. 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