Enter your email address to subscribe to this blog and receive notifications of new posts by email. The account of the corporation shall be audited, at such time and in such manner as may be prescribed by the auditor by the central govt. Thereafter the scheme was implemented in a phased manner across the country with the active involvement of the state governments. acquire and hold property both movable and immovable, sell or otherwise transfer any movable or immovable property which may have become vested in or have been acquired by it and do all things necessary for the purposes for which the corporation is established. According to the Act, the corporation consists of the following members; The term of office of members is ordinarily four years but nominated member holds office during the pleasure of the government nominating them. Benefit period means such period, being not less than 25 but not more than 27 consecutive weeks or 6 consecutive months corresponding period as may be specified in the regulation framed under the act. 500 per month. In case it exceeds the given ceiling, the share of each of the dependents is, proportionately reduced. 100/- have been exempted from payment of their share of contribution. The scheme was introduced as a compulsory state insurance scheme for the benefit of the workers working in Indian industries. The new employees covered in 2009-10, 2010-11 and 2011-12 are 1.23 lakh, 1.14 lakhs, and 1.58 lakh respectively. Can’t Prosecute Upper Caste Person Just Because Complainant is from SC/ST Community: SC, SC rejects interim bail plea of 1984 anti-Sikh riots convict, Sajjan Kumar, NLSIU not to give admissions on the basis of CLAT 2020, 11-judge bench to hear a petition challenging Maratha reservation, Fined Rs 2 lakh for charging Rs 10 extra for ice-cream. The daily rate of sickness benefit in respect of a person during any benefit period shall be 20 percent more than “standard benefit rate”. 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 administration of the scheme of insurance contained in the act is vested in the employees’ state Insurance Corporation created by the act. Employee State Insurance Corporation covers a wide range of benefits to the employees and employers in accordance with the Employees’ State Insurance Act, 1948. 3. 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. Sickness benefit represents periodical payments made to an insured person for the period of certified sickness after completing nine months of insurable employment. THE EMPLOYEE’S STATE INSURANCE ACT, 1948 - Free download as Powerpoint Presentation (.ppt / .pptx), PDF File (.pdf), Text File (.txt) or view presentation slides online. The Employees State Insurance Act,1948 Slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. The Employees’ State Insurance Act was enacted in 1948 with the object, as stated in its preamble, “ to provide for certain benefits to employees in case of sickness, maternity and “employment injury” and to make provisions for certain other matters in relation thereto.” The act introduced an integrated social insurance scheme covering health, maternity and accident insurance. Employee Benefits: The scheme is being gradually to cover new centers and steps are being taken for the creation of requisite infrastructure for providing medical care to a larger number of insured persons and their families. The Act in fact tries to attain the goal of socio-economic justice enshrined in the Directive principles of state … You may need to download version 2.0 now from the Chrome Web Store. (where a workman is covered underESI Scheme, no compensation … There have been a number of developments in the ESIS during the past three years. Your IP: 66.115.166.234 appeal - (1) save as expressly provided in this section, no appeal..... chidananda, holding brief for sri s. p. kulkarni, counsel for the respondent. The act of 1948 was amended by the amendment acts of 1966,1975,1984,1989,and1997. The … OBJECTIVE  The objective of the act is to secure sickness, maternity and medical benefits to employees of factories and establishments and dependents benefits to the dependents of such employees. (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 and . Completing the CAPTCHA proves you are a human and gives you temporary access to the web property. 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 full wages. This measure has benefited about eight lakh insured workers across the country. the corporation may, subject to such condition as may be prescribed by the central govt. Employees’ State Insurance (Amendment) Act, 2010. To begin with, the ESI scheme was initially launched on 2nd February 1952 at just two industrial centers in the country namely Kanpur and Delhi with total coverage of about 1.20 lakh workers. Empowering State governments to set up autonomous Corporations for administering medical benefit in the States for bringing autonomy and efficiency in the working. the corporation for my time to time invests any money which is not immediately required for expenses properly defrayable under this act and may, subject as aforesaid, from time to time re-invest or realize such investment. THE EMPLOYEES' STATE INSURANCE ACT, 1948 ACT NO. Objective and Applicability of Employees’ State Insurance Act – The Employees’ State Insurance Act, 1948 primarily gives medical treatment and benefits to the insured persons under this Act and is applicable to any company engaging more than 10 employees drawing salary less than Rs.15,000/- pm. The scheme, which was first introduced at two centers in 1952 with initial coverage of 1.20 lakh workers, today covers 1.55 crore workers in about 790 centers in the country. Employees State Insurance Act, 1948 | Employee's State Insurance Corporation, Ministry of Labour & Employment, Government of India Facilitating coverage of smaller factories; Enhancing the age limit of dependent children for eligibility to dependants benefit; Extending medical benefit to dependent minor brother/sister in case of not having own family and whose parents are also not alive; Streamlining the procedure for assessment of dues from defaulting employers; Providing an Appellate Authority within the Corporation against an assessment to avoid unnecessary litigation; Continuing medical benefit to insured persons retiring under VRS scheme or taking premature retirement; Treating commuting accidents as employment injury; Streamlining the procedure for grant of exemptions; Third party participation in commissioning and running of the Hospitals; Opening of medical/dental/paramedical/nursing colleges to improve the quality of medical care; Making an enabling provision for extending medical care to other beneficiaries against payment of user charges to facilitate providing of medical care from under-utilized ESI Hospitals to the BPL families covered under the RashtriyaSwasthayaBimaYojana introduced by the Ministry of Labour & Employment. the corporation shall in each year frame a budget showing the probable receipts and the expenditure which it proposes to incur during the following year and shall submit a copy of the budget for the approval of the central govt. the insurance scheme contained in the act has up till date, been applied to a few selected localities. 2 [the whole of India . Each year, it is extended to new areas to cover additional employees. This limit is considered very low in the context of the current wage levels in various industries. Registration of factories and establishments.� Every fac­tory or establishment to which this Act applies shall be regis­tered within such time and in such manner as may be specified in the regulations made in this behalf.] Cloudflare Ray ID: 60f145fc4dc8f379 Employees’ State Insurance Act, 1948. Share of Contribution – Under this ESI Act, the employer… • Funeral expenses are in the nature of a lump sum payment up to three thousand rupees made to defray the expenses of the funeral of the deceased insured person. Employees' State Insurance Act, 1948 [Act No. THE EMPLOYEES STATE INSURANCE ACT, 1948 [Act No. The total number of medical officers under the Scheme is about 6536. If you are at an office or shared network, you can ask the network administrator to run a scan across the network looking for misconfigured or infected devices. ESIC has taken up the daunting task of tailoring different benefit schemes for the needs of different worker groups. Maternity benefit continues to be payable even in the event of the death of an insured woman, during her  confinement, or during the period of 6 weeks immediately following her confinement leaving behind  a child for the whole of that period , and in case the child also dies, during the said period, until the death of the child. The Act contains several important definitions and provisions that regulate these workers. Objectives To provide medical relief, sickness cash benefit, maternity benefits to women workers, pension to the dependents of deceased workers and compensation for fatal and other employment injuries including occupational diseases, in an integrated form through a contributory fund. The initial and vital endeavour should be to identify the beneficiaries or the employees for insurance; Transport Corporation of India v. Employees’ State Insurance … The promulgation of Employees’ State Insurance Act, 1948 envisaged an integrated need based social insurance scheme that would protect the interest of workers in contingencies such as sickness, maternity, temporary or permanent physical disablement, and death due to employment injury resulting in loss of wages or earning capacity. The corporation shall submit to the central govt. 34 of Year 1948, dated 19th. The benefit is, however, not payable if the incapacity is less than 3 days excluding the rate date of the accident. Maternity benefit is normally payable for a maximum period of 12 weeks in case of confinement, 6weeks in case of miscarriage or medical termination of pregnancy which can be extended up to one additional month in case of sickness arising out of confinement and duly certified by an authorized medical officer. 70% minimum attendance to sit for exams not mandatory: Delhi H.C. Periodical pension is paid to the dependent of a deceased insured person where death occurs as a result of an employment injury or occupational diseases. These short solved questions or quizzes are provided by Gkseries. The corporation shall maintain correct accounts of its income and expenditure in such form and in such manner as may be prescribed by the central govt. Income Tax Department > Tax Laws & Rules > Acts > Employees’ State Insurance Act, 1948 Income Tax Department > All Acts > Employees’ State Insurance Act, 1948 Choose Acts: Section Wise: Chapter Wise: Section No. The scheme envisaged by it is one of compulsory State Insurance providing for certain benefits in the event of sickness, maternity and employment injury to workmen employed in or in connection with the work in factories other than seasonal factories. For entitlement to maternity benefit, the insured woman should have contributed for not less than 70 days in the immediately preceding two consecutive contribution periods corresponding to the benefit period in which the confinement occurs or is expected to occur. The Employees’ State Insurance Act, 1948 1 [ 2A. The maximum duration for availing sickness benefit is 91 days in two consecutive benefit periods. Earlier this limit was Rs. However, it is subject to the condition that the total dependents’ benefit distributed among the widow and legitimate or adopted children of the deceased insured persons, does not exceed, at any time, the full rate of disablement benefit. an annual report of its work and activities. By visiting this website, you acknowledge that you of your own accord wish to know more about https://indianlegalsolution.com. Subject to such condition as may be prescribed by the central govt. ESI Benefits. The corporation may in, addition to the scheme of benefits specified in this act, promote measures for the improvement of the health and welfare of insured person and for the rehabilitation and re-employment of insured person who have been disabled or injured and may incur in respect of such measures expenditure from the funds of the corporation within such limits as may be prescribed by the central govt.- sec.19. Under the Employees’ State Insurance Act 1948 (the ESI Act) the rate of contribution has been reduced from 6.5 per cent to 4 per cent of the wages. 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 before such date as may be fixed by it in that behalf. The scheme was introduced as … The corporation is a body corporate having perpetual succession and a common seal. Salient Features of Employees’ State Insurance Act-1948. and on such term, as may be prescribed by it, raise loans and take measures for discharging such loan. There is a waiting period of 2 days which I waived if the insured person is certified sic within 15 days of the last spell for which sickness benefit period was last paid. 1 PANKAJ KUMAR, FCS, Chartered S I ( CISI - London ), MBA ( Finance ) Employees’ State Insurance Act, 1948 Objective and Scope of the Act The Employees’ State Insurance Act, 1948 provides for certain benefits to employees in case of sickness, maternity and employment injury and also makes provisions for certain other matters in relation thereto. 34 of Year 1948, dated 19th. 34 OF 1948 1* [19th April, 1948.] Employee State Insurance Act 1948 Objective Type Questions and Answers for competitive exams. 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. 1 [for different States or for different parts thereof]. 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. 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. If you love teaching, get connected with us at [email protected]. •Came into force on 19th april 1948. This article will explain the highlight sections of the Act, as well as elaborate land… The Employees’ State Insurance Act was enacted in 1948 with the object, as stated in its preamble, “ to provide for certain benefits to employees in case of sickness, maternity and “employment injury” and to make provisions for certain other matters in relation thereto.”  The act introduced an integrated social insurance scheme covering health, maternity and accident insurance. 46 Benefits. The benefit is not payable to the married daughter. The Employees’ State Insurance Act, 1948 provides for certain benefits to employees in case of sickness, maternity and employment injury and also makes provisions for certain other matters in relation thereto. 3 [***]]. We are looking for course developers and course Instructors. The Employees’ State Insurance Act is aimed at conferring benefits on employees in case of sickness, maternity and employment injury. Benefits are receivable during the benefit period, which is defined as follows. The Employee State Insurance act was promulgated by the Parliament of India in the year 1948. Companies that have employed 10 or more workers are covered under the Act. 4. The act provides for six types of benefit to insured workmen: A) Sickness benefit B) maternity benefit C) disablement benefit D) dependent’s benefit E) medical benefit F) funeral benefit. The Employees’ State Insurance Scheme is an integrated measure of Social Insurance embodied in the Employees’ State Insurance Act. The amount is paid either to the eldest surviving member of the family or, in his absence, to the person who actually incurs the expenditure on the funeral. The daily rate of dependents shall be 15 percent more than the standard benefit rate. Extension Of The ESI Scheme To The Construction Site WorkerS : The Construction site workers who were kept out of coverage of ESI act till date, Now covered with the implementation of it roll out "any time, anywhere". The corporation may employees such other staff of officers and servant as may be necessary for the efficient transaction of its business provided that the sanction of the central government shall be obtained for the maximum monthly salary of which exceeds Rs.3000. 34 of 1948]1 [19th 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. To qualify for these benefits, the contribution should have been paid for at least78 days in the relevant contribution period. (2) It extends to . Following are the some salient feature of the ESI (Amendment) Act, 2010. If you continue browsing the site, you agree to the use of cookies on this website. “Appropriate government” means, in respect of establishment under the control of the central government or (a railway administration) or a major port or mine or oilfield, the central government, and in all other cases, the state government; “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; “Sickness” means a condition which requires medical treatment and attendance and necessitates abstention from work on the medical ground; A chairman to be nominated by the Central Government ; A vice – Chairman to be nominated by the Central government; Not more than five people to be nominated by the Central Government ; One person each representing each of the states in which this act is in force to be nominated by the central government; One person to be nominated by the central government to represent the Union territories; Five-person representing employers to be nominated by the central government in consultation with such organization of employees as may be recognized for the purpose by the central government; Three members of Parliament of whom two shall be members of the Loksabha and one shall be a member of the Rajya Sabha elected respectively by the two houses; The Director-General of the corporation, ex – officio. The benefit is not subject to any contributory condition and is payable at the daily rate of 15 percent more than the standard benefit rate. All of these benefits must arise in the course of employment in order to enable workers to access them. -The Employees' State Insurance Act, 1948, provides, inter alia, for certain benefits to employees in case of sickness, maternity and employment injury and for certain other matters in relation thereto. Workers earning less than 15,000/Month are covered under the act. The promulgation of Employees’ State Insurance Act, 1948 envisaged an integrated need based social insurance scheme that would protect the interest of workers in contingencies such as sickness, maternity, temporary or permanent physical disablement, death due to employment injury resulting in loss of wages or earning capacity. While the cash benefits under the scheme are administered through a network of about 799 Branch offices and pay offices, medical care is provided through 150 ESI Hospitals, 42 ESI Annexes, 1403/93 ESI Dispensaries / ISM Units and 1447 Clinics of Insurance Medical Practitioners. 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. Section 38 of the Act mandates that all the employees in the factories or establishments shall be insured. Another way to prevent getting this page in the future is to use Privacy Pass. Short title, extent, commencement and application.—(1) This Act may be called the Employees’ State Insurance Act, 1948. The annual report the audited accounts of the corporation and the budget as finally adopted by the corporation shall be placed before and published in the official gazettes. The Employees’ State Insurance Act, 1948 is one of the most important laws that provide social security. The Employees’ State Insurance Scheme provides need-based social security benefits to insured workers in the organized sector. 70/-. If you are on a personal connection, like at home, you can run an anti-virus scan on your device to make sure it is not infected with malware. Performance & security by Cloudflare, Please complete the security check to access. • The widow  receives monthly  pension for life or until remarriage, at a fixed rate equivalent to 3/5th of the  disablement benefit rate and each dependent child is paid an amount equivalent  2/5th thereof until he/she attains 18 years of ages, provides that, in case of  infirmity, the benefit continues to be  paid till infirmity. The Employees State Insurance Act, 1948 is beneficial and social legislation. These short objective type questions with answers are very important for Board exams as well as competitive exams. Maternity benefit implies cash payment to an insured woman in case of confinement or miscarriage or sickness arising out of pregnancy, premature birth of the child as certified by a duly appointed medical officer or midwife. 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. At present the Act covers employees whose wages do not exceed Rs. It contains six kinds of ESI benefits that injured employees can avail. In case of temporary disability arising out of an employment injury, disablement benefit is admissible to an insured person for the entire period so certified by an insurance medical officer/practitioner for which the insured person does not work for wages. Section 46 in The Employees' State Insurance Act, 1948. on Employees State Insurance Act 1948 : Overview. The employee ‘ State insurance act extends to the whole of India, including the state of Jammu and Kashmir. The corporation may, with the provisions sanction of the central govt. (2) It extends to the whole of India 2***. For the first benefit period, a shorter or longer period may be fixed. EMPLOYEES’ STATE INSURANCE ACT, 1948 [Act No. The daily rate of benefit double the standard sickness benefit rate,i.e. 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. Disclaimer : The current Bar Council Rules restrict the information that legal professionals may provide on websites and prohibits soliciting of clients. It can sue be sued by its name. the scope and jurisdiction of this court in appeals under section 82 of the employees ' state insurance act is confined to substantial question of law, as per section 82 (2) of the employees ' state insurance act, 1948. section 82 (1) and (2) read : '82. The employers’ contribution is … Low paid workers in receipt of daily wages up to Rs. Please enable Cookies and reload the page. In case the insured person does not leave behind any widow or child, the benefit is payable to other dependents including parents. Its main aim is to provide economic security to people who work in certain factories and establishments. It benefits about 6.02 crore beneficiaries including the family workers of the insured persons, across the country. The Employees State Insurance Act, 1948. The Employees* State Insurance Act (ESI Act) was enacted with the object of introducing a scheme of health insurance for industrial workers. In order to provide relief to insured persons suffering from chronic and long term diseases, the list of diseases for which Sickness Benefit is available for an extended period up to two years at an enhanced rate of 70% of daily wages, was enlarged by adding four new diseases, keeping in view the international classification of disease profiles and the quantum of malignancies of some diseases which had come to light over the last few years. Corporation created by the central govt areas to cover additional Employees enter your email address to subscribe this. That you of your own accord wish to know more about https: //indianlegalsolution.com work in factories. The given ceiling, the benefit is not payable to the use of cookies on this website, acknowledge. Sit for exams not mandatory: Delhi H.C and prohibits soliciting of clients contains six kinds ESI! At present the Act of 1948 was amended by the central govt of insurable employment is use. 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