such account shall be presumed, until the contrary is proved, to be equal. The appropriate Government is empowered to extend the provisions of ESIC Act 1948 to any other establishment or class of establishments, industrial, commercial, agricultural or otherwise after giving one month’s notice of its intention of doing so by notification in Official Gazette instead of notice period of six months. actual reimbursement of medical expenses incurred on account of injury caused during course of employment. Section 91 A of the Act is amended to removing. Other modes of recovery (1) Notwithstanding the issue of a certificate to the Recovery Officer under section 45C, the Director General or any other officer authorized by the Corporation may recover the amount by any one or … The allowances h... >> What is the definition of a Factory for coverage under ESI? Text Search: 142 Record(s) | Page [1 of 15] Section - 1. As per section 2(12) of the ESI act, all factories where 10 or more persons are employed must be registered under the ESI act. Download Emploee's Compensation (Amnd) Act, 2010, Download Emploee's Compensation Wage Limit Notification. (viii) The Director General or the officer so authorised shall grant a receipt for any amount paid in compliance with a notice issued under this sub-section and the person so paying shall be fully discharged from his liability to the principal or immediate employer to the extent of the amount so paid. The Employees State Insurance Act, ESI Act for short, was enacted by the Government of India in 1948. 131 [45G. History. (4) Where a certificate for the recovery of amount has been issued and subsequently the amount of the outstanding demand is reduced as a result of an appeal or other proceeding under this Act, the authorised officer shall, when the order which was the subject-matter of such appeal or other proceeding has become final and conclusive, amend the certificate or withdraw it, as the case may be. 5070 per month, Skilled: Rs. amount as if it were an arrear due from him, in the manner provided in sections (1) Where any amount is in arrears under this Act, the authorised officer may issue, to the Recovery Officer, a certificate under his signature specifying the amount of arrears and the Recovery Officer, on receipt of such certificate, shall proceed to recover the amount specified therein from the factory or establishment or, as the case may be, the principal or immediate employer by one or more of the modes mentioned below--. the principal or immediate employer under this Act and such person shall comply the principal or immediate employer after the receipt of a notice under this (1) Where in respect of a factory or establishment no returns, particulars, registers or records are submitted, furnished or maintained in accordance with the provisions of section 44 or any Inspector or other official of the Corporation referred to in sub-section (2) of section 45 is prevented in any manner by the principal or immediate employer or any other person, in exercising his functions or discharging his duties under section 45, the Corporation may, on the basis of information available to it, by order, determine the amount of contributions payable in respect of the employees of that factory or establishment : PROVIDED that no such order shall be passed by the Corporation unless the principal or immediate employer or the person in charge of the factory or establishment has been given a reasonable opportunity of being heard. 1. the Corporation: PROVIDED that nothing in this sub-section shall apply The Act contains several important definitions and provisions that regulate these workers. (2) Any 116 [Social Security Officer] appointed by the Corporation under sub-section (1) (hereinafter referred to as … [Act No. … April, 1948] An Act to provide for certain benefits to employees in case of sickness, maternity and employment injury and … (b) resides or any movable or immovable property of the factory or establishment or the principal of immediate employer is situate. Contribution which the management is liable to make under s. 39 has to be made by the management on its own accord for the fact that payment is not conditional on any demand by the ESI Corporation.--, There can be the making of a demand for remitting contribution for a period that is prior to the date of insurance.--. esic services will be available to these mobile and migratory workers with no geographical barrier. The Employees State Insurance Act, 1948 The ESI Act has been passed to provide for certain benefits to employees in case of sickness, mater... (i) APPLICABILITY OF THE ACT • Factory - Hotel-Kitchen manufacturing process - Whether hotel falls within the purview of definition of fac... >> What is 'Contribution'? Section 91 A of the Act is amended to removing. to the principal or immediate employer at his last address known to the Director Definition of “dependents” as contained in clause 6A of section 2 of the Act has been extended to enlarge the number of beneficiaries under the act such as: A widow, a legitimate or adopted son below the age of 25 years and an unmarried legitimate or adopted daughter. (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 the 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. 15,000 with effect from 1 st May 2010. to any part of the amount exempt from attachment in execution of a decree of a 1[45C. (2) The authorised officer may issue a certificate under sub-section (1) notwithstanding that proceedings for recovery of the arrears by any other mode have been taken. WHEREAS it is expedient to consolidate and amend the law regulating labour in factories; It is hereby enacted as follows:— CHAPTER I PRELIMINARY 1. (c) examine, with respect to any matter relevant to the purposes aforesaid, the principal or immediate employer, his agent or servant, or any person found in such factory, establishment, office or other premises, or any person whom the said Inspector or other official has reasonable cause to believe to be or to have been an employee; (d) make copies of, or take extracts from, any register, account book or other document maintained in such factory, establishment, office or other premises; (e) exercise such other powers as may be prescribed. with any such requisition and shall pay the sum so deducted to the credit of MATERNITY-BENEFITS (Section 50 of the ESI Act) ... CHAPTER II - COLLECTION OF CONTRIBUTIONS, ETC. Employees’ State Insurance Act, 1948 45G. 34 of Year 1948, dated 19th. The following provisions describe various offenses under the Act and relevant punishments for them. 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. so authorized to the extent of his own liability to the principal or immediate or immediate employer on the date of the notice, or to the extent of the Contribution is the sum of money payable to the Corporation by the Principal employer in respect... CHAPTER VII- PENALTIES  84. (iv) Save as otherwise provided in this sub-section, particular, such person shall be personally liable to the Director General or (2) If any amount is due from any person to any factory or Employees State Insurance Act, 1948 | Employee's State Insurance Corporation, Ministry of Labour & Employment, Government of India 45C to 45F and the notice shall have the same effect as an attachment of a debt immediate employer, then, nothing contained in this sub-section shall be deemed the case may be, the principal or immediate employer in respect of arrears or (3) (i) The Director General or any other officer authorised by the Corporation in this behalf may, at any time or from time to time, by notice in writing, require any person from whom money is due or may become due to the factory or establishment or, as the case may be, the principal or immediate employer or any person who holds or may subsequently hold money for or on account of the factory or establishment or, as the case may be, the principal or immediate employer, to pay to the Director General either forthwith upon the money becoming due or being held or at or within the time specified in the notice (not being before the money becomes due or is held) so much of the money as is sufficient to pay the amount due from the factory or establishment or, as the case may be, the principal or immediate employer in respect of arrears or the whole of the money when it is equal to or less than that amount. may be, from the principal or immediate employer by distraint and sale of its 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. Exemption of a factory or establishment or class of factories or establishments from the operation of this Act will be granted only if the employees in such factories or establishments are otherwise in receipt of benefits substantially similar or superior to the benefits provided under this Act. Pursuant to Section 1 of the Employees' State Insurance Act, 1948 (ESI Act), the ESI Act is applicable to all factories in the first instance. (1) This Act may be called the Employees’ State Insurance Act, 1948. (3) It shall come into force on such date or dates3* as the Central Government may, by notification in the Official Gazette, appoint, and different dates 3* may be appointed for different CHAPTER I - SHORT TITLE AND EXTENT & DEFINITIONS, CHAPTER VI- ADJUDICATION OF DISPUTES AND CLAIMS. G.S.R. (1) Notwithstanding that a certificate has been issued to the Recovery Officer for the recovery of any amount, the authorised officer may grant time, for the payment of the amount, and thereupon the Recovery Officer shall stay the proceedings until the expiry of the time so granted. (2) An order made by the Corporation under sub-section (1) shall be sufficient proof of the claim of the Corporation under section 75 or for recovery of the amount determined by such order as an arrear of land revenue under section 45B or the recovery under section 45C to section 45-I . Un-Skilled: Rs. The Employees State Insurance Act, 1948 is beneficial and social legislation. Published in the gazette of india, part ii, section 3, subsection (i), vide number g.s.r. In other words, the ESI scheme applies to factories that employ 10 or more persons. The appropriate government however is empowered to extend the provisions of the ESI Act to other class of establishments with appropriate notice. Issue The sole question which arises for consideration in this appeal is whether the respondent, who is an employee of the appellant, can claim damages from the appellant on account of the injury suffered by him during the course of employment when he was already received the benefit under the provision of the Employees State Insurance Act 1948 (hereinafter referred to as the ‘ESI Act’. to comply with such notice, and, in particular, where any such notice is issued (2) Notwithstanding the issue of a certificate to a Recovery Officer, the authorised officer shall have power to withdraw the certificate or correct any clerical or arithmetical mistake in the certificate by sending an intimation to the Recovery Officer. EMPLOYEES’ STATE INSURANCE ACT, 1948 [Act No. The Employees State Insurance Act, 1948 is beneficial and social legislation. (5) The principal employer shall bear the expenses of remitting the contributions to the Corporation. In order to prevent this, the Act allows courts to punish employers with imprisonment as well as fines. amount sufficient to discharge the amount due. account of the principal or immediate employer jointly with any other person Income-tax Act, 1961. or immediate employer, to pay to the Director General either forthwith upon the 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 … 34 of Year 1948, dated 19th. (vi) Where a person to whom a notice under Section 53 in The Employees' State Insurance Act, 1948. authorized shall grant a receipt for any amount paid in compliance with a A. whichever is less. Contribution deduction? 1. Medical benefits to the insured person and his spouse have been extended under circumstances where insured person retires under Voluntary Retirement Scheme or takes premature retirement. to require such person to pay any such sum or part thereof, as the case may be, In the earlier Act the benefit was applicable only on attaining the age of superannuation. THE WORKMEN'S COMPENSATION (AMENDMENT) ACT, 2009 is now renamed as THE EMPLOYEE'S COMPENSATION (AMENDMENT) ACT, 2009 and wherever "workman" or "workmen" is mentioned in the entire Act the same needs to be read as "Employee" to make it gender sensitive. It basically provides for payment of benefits to workers in cases of sickness, maternity, injury, etc. A new Chapter V-A has been added to enable provision for extending medical care to non insured persons against payment of user-charges to facilitate providing medical care to the below poverty line (BPL) families and other un-organized sector workers covered under the Rashtriya Swasthya Bima Yojana (RSBY). the Corporation in this behalf may, at anytime or from time to time, by notice by the Corporation may recover the amount by any one or more of the modes (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 … (4) The contributions payable in respect of each wage period shall ordinarily fall due on the last day of the wage period , and where an employee is employed for part of the wage period or is employed under two or more employers during the same wage period , the contributions shall fall due on such days as may be specified in the regulations. the entire amount of such money, or if it is more than the amount due, an 15000 w.e.f 01-05-2010, Enhancement of wage ceiling of a workman from Rs. (a) for the words “but no claim has been preferred” the words “but no application for withdrawal under paragraphs 69 or 70 or transfer, as the case may be has been preferred ” shall he substituted: (b) for the words “three years”, at both the places where they occur, the words “thirty six months” shall be substituted. Section … Prevention of the contravention of the provisions of the Act falls within the duty of the Inspector, a power that this s. 45 confers and in case of infringement to take appropriate steps under the Act.--. in writing, require any person from whom money is due or may become due to the is in arrears, the Director General or any other officer authorized by the (5) The Director General or any officer of the Corporation may, (3) Notwithstanding any contract to the contrary, neither the principal employer nor the immediate employer shall be entitled to deduct the employer's contribution from any wages payable to an employee or otherwise to recover it from him. Benefits under the scheme have also been extended to apprentices and trainees employed under Apprentice Act and Standing Order Act. (5)(a) If any contribution payable under this Act is not paid by the principal employer on the date on which such contribution has become due, he shall be liable to pay simple interest at the rate of twelve per cent per annum or at such higher rate as may be specified in the regulations till the date of its actual payment : PROVIDED that higher interest specified in the regulations shall not exceed the lending rate of interest charged by any scheduled bank. (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. (2) Where a certificate for the recovery of amount has been issued, the authorised officer shall keep the Recovery Officer informed of any amount paid or time granted for payment, subsequent to the issue of such certificate. Act has been extended to shops by some of the Stales by invoking section 1(5) of the Act... >> How wages are computed for payment of contribution? Employees’ State Insurance Act, 1948. The compensation payable on Permanent Total Disablement from the injury, is (i) minimum of Rs.90000 is increased to Rs.140000 or (ii) 60% of the monthly wages of deceased multiplied by the relevant factor. (vii) The Director General or the officer so EMPLOYEES' STATE INSURANCE ACT, 1948. w w w . Corporation in this behalf may require such person to deduct from the said 63 OF 19481 [23rd September, 1948.] (3) An Inspector shall exercise such functions and perform such duties as may be authorised by the Corporation or as may be specified in the regulations. Other modes of recovery. The compensation payable on death from the injury, is (i) minimum of Rs.80000 is increased to Rs.120000 or (ii) 50% of the monthly wages of deceased multiplied by the relevant factor. Proceedings would not stand vitiated on account of absence of notice.--. demanded or any part thereof is not due to the principal or immediate employer joint account to all the joint-holders at their last addresses known to the (1) The Corporation may appoint such persons as 115 [Social Security Officers], as it thinks fit, for the purposes of this Act, within such local limits as it may assign to them. issued under this sub-section or extend the time for making any payment in (1) Notwithstanding the issue of a certificate to the Recovery Officer under section 45C, the Director General or any other officer authorised by the Corporation may recover the amount by any one or more of the modes provided in this section. (4) The Director General or the officer authorized by the 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 certain other matters in relation thereto. 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. As per provisions of section 45A of ESI Act, the ESIC authorities are empowered to determine the ESI Contributions, payable in respect of employees of any factory or … (2) It extends to . (ii) A notice under this sub-section may be issued to any person who holds or may subsequently hold any money for or on account of the principal or immediate employer jointly with any other person and for the purposes of this sub-section, the shares of the joint-holders in such account shall be presumed, until the contrary is proved, to be equal. (1) The authorised officer may forward the certificate referred to in section 45C to the Recovery Officer within whose jurisdiction the employer--, (a) carries on his business or profession or within whose jurisdiction the principal place of his factory or establishment is situate; or. civil court under section 60 of the Code of Civil Procedure, 1908. 6110 per month. factory or establishment or, as the case may be, the principal or immediate Section – 85: This section deals with penalties for non – compliance with the various provisions of the ESI Act and Regulations made there under. MANNER AND TIME LIMIT FOR MAKING PAYMENT OF CONTRIBUTION: EPFO Launched new Grievance Management Portal, Enhanced the cash benefit payable to the family of EPF subscribers on their death in service from present maximum of rs.60,000 to rs.1.00 lakh. All Rights Reserved | Template by My Blogger Tricks .com |. (2) It extends to the whole of India 2***. Bar against receiving or recovery of compensation or damag­es under any other law. relation to which a notice under this sub-section has been issued arising after as is sufficient to pay the amount due from the factory or establishment or, as The report became the basis for the Employment State Insurance (ESI) Act of 1948. to a post office, bank or an insurer, it shall not be necessary for any pass 2.6 Section 45F - Stay of proceedings undercertificate and amendment or withdrawal thereof 6 2.7 Section 45G - Other modes of Recovery 7 2.8 Section 45H - Application of certain provisions of the Income Tax Act 10 2.9 Section 45I - Definition:- For the purpose of Sections 45C to 45H 10 2.10 Section 39(5)(b) read with Regulation 31B of ESI (General) All penal provisions under the ESIAct generally aim to make employers accountable. 45 115 [Social Security Officers], their functions and duties. pm to Rs. (2) The contributions shall be paid at such rates as may be prescribed by the Central Government : PROVIDED that the rates so prescribed shall not be more than the rates which were in force immediately before the commencement of the Employees' State Insurance (Amendment) Act, 1989. amount the arrears due from such factory or establishment or, as the case may be, Officer under section 45C, the Director General or any other officer authorized (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 pass book, 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. (b) is of the opinion that, for the purpose of expediting or securing the recovery of the whole or any part of the amount, it is necessary so to do, he may send the certificate or, where only a part of the amount is to be recovered, a copy of the certificate certified in the manner prescribed by the Central Government and specifying the amount to be recovered to the Recovery Officer within whose jurisdiction the factory or establishment or the principal or immediate employer has property or the employer resides, and thereupon that Recovery Officer shall also proceed to recover the amount due under this section as if the certificate or the copy thereof had been the certificate sent to him by the authorised officer. (3) Every principal and immediate employer shall maintain such registers or records in respect of his factory or establishment as may be required by regulations made in this behalf. provided in this section. 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Are very important for Board exams as well as fines new section 51-E has been added for purpose. Agency is a SHOP or not It basically provides for payment of benefits to workers in of! Been substituted to provide the same establishments with appropriate notice title, extent, and... Employee '' - also now includes CLERICAL Employees under ESI of sickness, maternity, injury, etc factories! Maternity-Benefits ( section 50 of the dependants has been added for this purpose definitions, CHAPTER VI- ADJUDICATION DISPUTES! Under the ESIAct generally aim to make employers accountable Act the benefit was applicable only on attaining age! On attaining the age of superannuation 45G in the gazette of India 2 *.. It extends to the Corporation notified vide Central Government Notification No II - COLLECTION of,. India in 1948. substituted to provide the same of Wage ceiling of a factory liable. ( 5 ) the principal employer in respect... CHAPTER II - COLLECTION contributions.