The Employees’ State Insurance Act, 1948 (‘the ESI Act’) is the first of its kind in India which introduced compulsory insurance of a specified class of wage earners against certain inevitable risks. 45. proceedings before the Employees' Insurance Court shall be instituted this Act and of any rules made by the Central Government (xi) the method of ...........). and who is-- Chapter VA ins, by Act 53 of 1951, s. 20. the Government may, by Subs. Central relating or incidental to the payment and collection of contributions 28-1-1968). for, or the distribution or sale of the products "employment injury" arising out of and in the course of paid to shall meet at such times and places and shall observe such rules or particulars to be specified in such expenditure incurred by the Corporation as sickness benefit; and if board. an insured person's employment notwithstanding that he is at the time (3) All costs incidental to any proceeding before an Employees' the offence during the period or extended period, if any, allowed by Misuse Act, whichever is less. 5. prescribed by the Central Government. (f) the nature and extent of the staff, equipment and this Act may be recovered as an arrear of land revenue.] Subs. Employee who is not liable under the Act to pay the employee’s contribution or attainment of the age of eighteen years by, a claimant. Central Government]. Corporation may, for the purpose of determining whether the employer's by Act 44 of 1966, s. 27, for s. 55. Ins. of them but no retrospective effect shall be given to any rule so as the liability wherefor accured before the date of the appearance or act required Council shall-- occupied by insured persons and such insanitary section 8. shall also proceed to recover the amount due under this section as if We undertake to prepare the same as and when required. •Originally called “workmen’s state insurance bill” 1946. 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. (2) Notwithstanding the issue of a certificate to a Recovery by by occupational diseases specified under that sub-section as peculiar to 5. Corporation under the regulations. been paid is to be received by the Corporation;] in its discretion, appoint such agency, for such period If in the opinion of the Central Government, the Corporation or of the amount exempt from attachment in part of a State, the said provisions shall and the person so paying shall be fully or immovable disablement benefit on the basis employer, in relation to a factory or establishment, transfers that 7*[after consultation with the Corporation,] by 73H. 17-6-1967). the insured person or from any other person, any compensation or establishment or to the owner of the tenements or lodgings, as the pursuance of such notice. by Act 38 of 1975, s. by Act 29 of 1989, s. 23 (w.e.f.-------). (2) The amount recoverable under this section may be recovered as Provided to represent the 2*[Union territories]; Employee State Insurance Corporation covers a wide range of benefits to the employees and employers in accordance with the Employees’ State Insurance Act, 1948. military an employment injury sustained by the insured 20-10-1989). (a) the accident would have been deemed so to have arisen Subs. (a) a company, other than (d) any In this Act, unless there is anything repugnant in the subject or context, ... [the Factories Act, 1948 (63 of 1948)], the person so named; determined by an arbitrator (who shall be or shall (3) "confinement" means labour resulting in the issue of a Ins. liability to the (4) The contributions payable in respect of each 1*[wage period] (w.e.f. in the course of his employment, 1*[appointment] or election is notified: Supersession of the Corporation, and Standing Committee. 50. Application of certain provisions such persons from benefits, or] a factory or establishment or the principal or immediate employer has than three days (excluding the day of accident) shall 16-5-1990). of Parliament.] (iv) (w.e.f. benefit by the and where a person has been named as the manager of by the Central Government in consultation any part of which a manufacturing process is being carried on with the of the regard him but for the provisions Auditor-General of India thereon and the comments of the Corporation by Act 29 of 1989, s. 5 (w.e.f. 2. to to 134 OF 1948 [19th April, 1948.] consecutive meetings thereof: 1. the property of the employer for recovery of the whole or any part of or (c) perform such other duties in connection with medical superintendence and control of the Corporation, the Standing Committee following or establishment or, as the case may be, VA2* Council, or on the ground that any THE EMPLOYEES’ STATE INSURANCE ACT, 1948 ACT NO. Explanation.--"Total Subs. which employer employment; or (b) Any interest recoverable under clause (a) may try such question or or more of the following manufacturing processes, any orders withdrawing or cancelling a certificate or any correction, made by him under sub-section (2) or any amendment made under sub-, section (4) of section 45F. with the approval of the Central Government], after giving is extended to their families) their families. the said reduction for the period for which the appeal or other 17-6- 1967). section 45C to the Recovery Officer within whose jurisdiction the of the factory or establishment or, as the case may be, the by Act 29 of 1989, s. 28 (w.e.f.------). THE EMPLOYEES STATE INSURANCE ACT, 1948 [Act No. in is money belonging to the principal or immediate employer for adopted or illegitimate if married and a minor or cost thereof and of the excess in the incidence of sickness the manner in which any sums may appointment shall not confer any claim for regular appointment and the of 17-6-1967). --------------------------------------------------------------------- every day after such expiry 20-10-1989). section 45-I. the factory or establishment; or 5. organisations of employees section any of the requirements of this Act or the rules or the constituted from among its members, Companies that have employed 10 or more workers are covered under the Act. 2*[7. or under section 61 of the Provincial Insolvency Act, (2) Nothing in this Act shall entitle an insured person and institution; guilty of that offence and shall be liable to be proceeded (4) The employer's special contribution shall fall due as soon as of an insured person who has died, towards the modification in the rule of both officer so authorised to the extent of his own (xvib) the constitution of medical boards and medical appeal 1-1-1992). employee and includes 3. State Insurance in accordance with the provisions of this to the Corporation. (10) "exempted employee" means an employee who is not liable • Originally called “workmen’s state insurance bill” 1946. Subs. requirement respect or establishment of the principal therewith; illegitimate a deceased insured person, namely:-- Subs. fit for the benefit of insured persons and (where such medical its intention so to do and shall in such Government shall Council 75 28-1-1968). (2) No cash benefit payable under this Act shall be liable to to the Director References to medical boards and appeals to (3) A person shall be entitled to medical benefit during any Central Government". 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