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Employees’ State Insurance Act, 1948

Foot Notes

1 The words "except the State of Jammu and Kashmir" omitted by Act No. 51 of 1970, w.e.f. 1st. September, 1971.

2 Chaps. I, II, III and VIII were brought into force in all the Provinces from 1st. September, 1948, (see Notification No. sub-s. 21(2), dated 31st., August, 1948, Gazette of India, Extra., 1948, page 1417). Sections 44 and 45 and Chapter VII brought into force on 1st. April, 1950 in all Part A States and in Ajmer, Coorg, Delhi and Andaman and Nicobar Islands (See Notification No. sub-s. 121(32), dated 3rd. April, 1950). Sub-section (1) of section 76 and sections 77, 78, 79 and 81 of Chapter V came into force in the whole of India except in the States of Jammu & Kashmir and Delhi and Kanpur 1st. September, 1952, (see Notifications No. SRO 1576, dated 3rd. September, 1952 Gazette of India, Part II, s. 3 page 1468.)

3 Substituted by Act No. 53 of 1951 for the words "for different States".

4 Inserted by Act No. 29 of 1989, w.e.f. 20th. October, 1989.

5 Substituted for the words "with the approval of the Central Government", by Act No. 53 of 1951.

6 Inserted by Act No. 29 of 1989, w.e.f. 16th., May, 90.

7 Substituted for the words "a federal railway" by A.0. 1950.

8 Substituted for the word "Provincial" by A.0. 1950.

9 Clause (2) omitted by Act No. 29 of 1989, w.e.f. 1st., February, 1991.

10 Clause (5) omitted by Act No. 29 of 1989, w.e.f. 1st., February, 1991.

11 Inserted by Act No. 44 of 1966, w.e.f. 28th., January, 1968.

12 Substituted for the words "daughter or a widowed mother; and" by Act No. 29 of 1989, w.e.f. 20th. October, 89.

13 Substituted for former clause (8) by Act No. 44 of 1966, w.e.f. 28th., January, 1968.

14 Substituted for the words "but does not include-" by Act No. 44 of 1966, w.e.f. 28th., January, 1968.

15 Substituted  by Act No. 29 of 1989, for the words "but does not include", w.e.f. 20th. October, 89.

16 Substituted for the words "His Majesty's" by A.O. 1950.

17 Substituted for former sub-clause (b) by Act No. 44 of 1966, w.e.f. 28th., January, 1968.

18 Substituted by Act No. 29 of 1989, for the words "one thousand and six hundred rupees a month", w.e.f. 1st., February, 1991.

19 Substituted by Act No. 29 of 1989, w.e.f. 20th. October, 1989.

20 Substituted for the words, figures and  brackets "cl. (e) of sub-s. (1) of s. 9 of Factories Act, 1934" by Act No. 53 of 1951, w.e.f. 6th. October, 1951.

21 Substituted for the word "work" by Act No. 44 of 1966, w.e.f. 28th., January, 1986.

22 Substituted for the words "paid at regular intervals after the last day of the wage period" by Act No. 53 of 1951, w.e.f. 6th. October, 1951.

23 Substituted by Act No. 45 of 1984, w.e.f. 27th., January, 1985.

24 Substituted for former clause (24) by Act No. 44 of 1966, w.e.f. 28th., January, 1968.

25 The date from which the ESIC was established was notified as 1st. October, 1948.

26 Earlier clauses (a) and (b) substituted by Act No. 44 of 1966, w.e.f. 17th., June, 1967.

27 Substituted for the word "nominated" by Act of 29 of 1989, w.e.f. 20th. October, 1989.

28 The words "of whom at least three shall be officials of the Central Government" omitted by Act No. 29 of 1989, w.e.f. 20th. October, 1989.

29 Substituted for the words "Part A States" by Act No. 53 of 1951, w.e.f. 6th. October, 1951.

30 Substituted for the words "Part A States and Part B States" by 3 AO 1956.

31 Substituted for the words "Part C States" by Act No. 29 of 1989, w.e.f. 20th. October, 89.

32 Substituted for the word "five" by Act No. 29 of 1989, w.e.f. 20th. October, 89.

33 The word "and" in clause (h) omitted and clauses (i) and (j) substituted for original clause (i) by Act No. 44 of 1966, w.e.f. 17th., June, 1967.

34 Substituted for the words, brackets and figures "the ex officio members and members referred to in clauses (c), (d) and (e) of section 4" by Act No. 44 of 1966, w.e.f. 17th., June, 1967.

35 Substituted for the word, brackets and figures "(c), (d) and (e)" by Act No. 29 of 1989, w.e.f. 20th. October, 1989.

36 Substituted for the word "re-nomination" by Act No. 29 of 1989, w.e.f. 20th. October, 89.

37 Substituted for former section by Act No. 44 of 1966, w.e.f. 17th., June, 1967.

38 Substituted for the words "being officials of the Central Government, nominated by that government" by Act No. 44 of 1966.

39 Inserted by Act No. 53 of 1951, w.e.f. 6th. October, 1951.

40 Substituted for the word "six" by Act No. 44 of 1966, w.e.f. 17th., June, 1967.

41 Sub-clause (i) omitted by Act No. 53 of 1951.

42 Substituted for the word "two" by Act No. 44 of 1966, w.e.f. 17th., June, 1967.

43 Substituted for the words "the Central Legislature" by A.O. 1950.

44 Inserted by Act No. 44 of 1966, w.e.f. 17th., June, 1967.

45 Substituted for the words, brackets and figures "clause (b)" by Act No. 53 of 1951, w.e.f. 6th. October, 1951.

46 Substituted for the words "Part A or Part B States" by AO 3 1956.

47 Proviso added to sub-s. (2) of Act No. 44 of 1966, w.e.f. 17th., June, 1967.

48 Substituted for the words ‘nomination’ by Act No. 29 of 1989, w.e.f. 20th. October, 89.

49 Re-numbered as sub-s. (1) by Act No. 53 of 1951.

50 Substituted for sub-s. (1) by Act No. 29 of 1989, w.e.f. 20th. October, 89.

51 Substituted for the words "the principal officers" in sub-s. (3), words "a principal officer" in sub-ss. (4) and (5), by Act No. 29 of 1989, w.e.f. 20th. October, 1989.

52 Substituted for the words ‘a principal officer’, in sub-ss. (6) and (7), by Act No. 29 of 1989, w.e.f. 20th. October, 1989.

53 Substituted for the words "with a maximum monthly salary of five hundred rupees and above", by Act No. 38 of 1975, w.e.f. 1st. September, 75.

54 Substituted for the words "exceeds two thousand and two hundred and fifty rupees" by Act No. 29 of 1989, w.e.f. 1st., February, 1991.

55 Substituted by Act No. 29 of 1989, w.e.f. 8th. November, 1989.

56 Substituted for the words "posts carrying a maximum monthly pay of five hundred rupees and above" by Act No. 44 of 1966, w.e.f. 17th., June, 1967.

57 Substituted for the words "Class I and Class II" by Act No. 45 of 1984, w.e.f. 27th., January, 1985.

58 Substituted for the word "Federal" by A.O., 1950.

59 Substituted for the words "an aggregate period" by Act No. 29 of 1989, w.e.f. 20th. October, 89.

60 Substituted for the words "the Corporation, the Standing Committee and the Medical Commissioner" by Act No. 53 of 1951.

61 Substituted for the words "principal officers" by Act No. 29 of 1989, w.e.f. 20th. October, 89.

62 Substituted for ‘provincial government’ by A.O., 1950.

63 The words "Part B State" were omitted by Act No. 53 of 1951.

64 Substituted for former sub-s. (3), by Act No. 53 of 1951.

65 Substituted for the words "auditor's report thereon" by Act No. 29 of 1989, w.e.f. 20th. October, 1989.

66 The words "and published in the Official Gazette" omitted by AO, 1950.

67 Substituted for sub-s. (2), by Act No. 29 of 1989, w.e.f. 1st., February, 91.

68 Substituted for sub-s. (3) (a), by Act No. 45 of 1984, w.e.f. 27th., January, 1985.

69 Substituted for the word 'week' wherever it occurs, by Act No. 45 of 1984, w.e.f. 27th., January, 1985.

70 Inserted by Act No. 29 of 1989, w.e.f. 1st., February, 91.

71 Explanation omitted by Act No. 44 of 1966, w.e.f. 20th., January, 1968.

72 Substituted for the words "are below one rupee and fifty paise" by Act No. 45 of 1984, w.e.f. 27th., January, 1985.

73 Substituted for the words "six rupees", by Act No. 29 of 1989, w.e.f. 1st., February, 1991.

74 Substituted for the words "in the manner specified in the first schedule", by Act No. 29 of 1989.

75 Substituted for the words "during the whole or part of which an employee is employed", by Act No. 44 of 1966, w.e.f. 28th., January, 1968.

76 Sub-section (3) omitted by Act No. 45 of 1984, w.e.f. 27th., January, 1985.

77 Sub-sections (4) and (5) omitted by Act No. 45 of 1984, w.e.f. 27th., January, 1985.

78 Substituted for the former section by Act No. 53 of 1951.

79 Sections 45A and 45B inserted by Act No. 44 of 1966, w.e.f. 17th., June, 1967.

80 Substituted for the word "obstructed" by Act No. 29 of 1989, w.e.f. 20th. October, 89.

81 Sections 45C to 45I inserted by Act No. 29 of 1989, w.e.f. 1st. September, 91.

82 Substituted for the words "or, as the case may be, their dependants" by Act of 44 of 1966, w.e.f. 28th., January, 1968.

83 Inserted by Act of 44 of 1966, w.e.f. 28th., January, 1968.

84 Substituted by Act No. 44 of 1966, for original clause (b), w.e.f. 28.1.1968,

85 The word 'and' in clause (d), omitted and inserted at the end in clause (e), by Act No. 44 of 1966.

86 Clause (f) inserted by Act No. 44 of 1966.

87 Substituted for the words "funeral benefit" by Act No. 29 of 1989, w.e.f. 20th. October, 89.

88 Substituted for the words "one hundred rupees", by Act No. 29 of 1989, w.e.f. 1st., February, 1991.

89 Section 47 omitted by Act No. 29 of 1989, w.e.f. 1st., February, 1991.

90 Substituted for sections 49 and 50 by Act No. 29 of 1989, w.e.f. 1st., February, 1991.

91 Sections 51 to 51D substituted for former section 51 by Act No. 44 of 1966, w.e.f. 28th., January, 1968.

92 The words "and the regulations if any" omitted by Act No. 29 of 1989, w.e.f. 1st., February, 1991.

93 Substituted for the words "for the period of such disablement in accordance with the provisions of the First Schedule" in clause (a) and words " for such disablement in accordance with the provisions of the First Schedule" by Act No. 29 of 1989, w.e.f. 1st., February, 1991.

94 Proviso omitted by Act No. 29 of 1991, w.e.f. 1st., February, 1991.

95 Sections 52 and 52A substituted for section 52 by Act No. 44 of 1966, w.e.f. 28th., January, 1968.

96 Substituted for the words "in accordance with the provisions of the First Schedule", Act No. 29 of 1989, w.e.f. 1st., February, 1991.

97 Substituted for the words, brackets and figures "sub-clause (i) and", by Act No. 29 of 1989.

98 Substituted for former section 53 by Act No. 44 of 1966, w.e.f. 28th., January, 1968.

99 Sections 54 and 54A substituted for further section 54 by Act No. 44 of 1966, w.e.f. 28-1 -1968.

100 Sections 55 and 55A substituted for former s. 55 by Act No. 44 of 1966, w.e.f. 28th., January, 1968.

101 Substituted for the words "or as provided under the regulations, is in receipt of disablement benefit", by Act No. 53 of 1951, w.e.f. 6th. October, 1951.

102 Substituted for the words "High Court of a Province" by AO, 1950.

103 Substituted for the words "for a Part A State", by Act No. 53 of 1951, w.e.f. 6th. October, 1951.

104 Substituted for the words "periodical payment" by Act No. 29 of 1989, w.e.f. 20th. October, 1989.

105 Substituted for section 63 by Act No. 29 of 1989, w.e.f. 20th. October, 1989.

106 The words "or sick visitor" omitted by Act No. 29 of 1989, w.e.f. 20th. October, 89.

107 Substituted for the former clause (i) by Act No. 53 of 1951, dated 6th. October, 1951.

108 Substituted for the words "Except as provided in the proviso to sub-section (2) of section 50, if a person dies" by Act No. 29 of 1989, w.e.f. 1st., February, 1991.

109 Inserted by Act No. 53 of 1951, w.e.f. 1st., July, 1973, vide Notification No. SO 173(E), dated 26th., March, 1973.

110 Substituted for former clause (ee) by Act No. 44 of 1966, w.e.f. 28th., January, 1968.

111 Clause (f) omitted by Act No. 44 of 1966, w.e.f. 28th., January, 1968.

112 Substituted for the words "The following claims", by Act No. 44 of 1966, w.e.f. 28th., January, 1968.

113 Clause (c) omitted by Act No. 44 of 1966, w.e.f. 28th., January, 1968.

114 Sub-section (2A) inserted by Act No. 44 of 1966, w.e.f. 28th., January, 1968.

115 Substituted for the words 'Employees' Insurance Court', by Act No. 29 of 1989, w.e.f. 20th. October, 1989.

116 Substituted for clause (b), by Act No. 29 of 1989, w.e.f. 20th. October, 1989.

117 Substituted for the words and figures "section 195 and Chapter XXXV of the Code of Criminal Procedure, 1898" by Act No. 45 of 1984, w.e.f. 27th., January, 1985.

118 Substituted for the words and figures "Indian Limitation Act, 1908" by Act No. 29 of 1989, w.e.f. 20th. October, 89.

119 Substituted for the words "three months" by Act No. 29 of 1989, w.e.f 20th. October, 1989.

120 Substituted for the words "five hundred" by Act No. 29 of 1989, w.e.f 20th. October, 1989.

121 Substituted for the words "he shall be punishable with imprisonment which may extend to three months or with fine which may extend to five hundred rupees, or with both", by Act No. 38 of 1975, w.e.f. 1st. September, 1975.

122 Substituted for clauses (i) and (ii) by Act No. 29 of 1989, w.e.f. 20th. October, 1989.

123 Inserted by Act No. 38 of 1975, w.e.f. 1st. September, 1975.

124 Substituted for the words "one year, or with fine which may extend to two thousand rupees, or with both" by Act No. 29 of 1989, w.e.f. 20th. October, 89.

125 Substituted for the words "one year but which shall not be less than three months and shall also be liable to fine which may extend to four thousand rupees", by Act No. 29 of 1989, w.e.f. 20th. October, 1989.

126 Substituted for the words "from the employer such damages not exceeding the amount of arrears as it may think fit to impose" by Act No. 29 of 1989, w.e.f. 1st., January, 1992.

127 Inserted by Act No. 29 of 1989, w.e.f. 1st., January, 1992.

128 Substituted for the words "one hundred", by Act No. 29 of 1989, w.e.f. 20th. October, 1989.

129 Substituted for the words 'Central Government' by Act No. 44 of 1966, w.e.f. 17th., June, 1967.

130 Substituted for sub-s. (2), by Act No. 29 of 1989, w.e.f. 20th. October, 1989.

131 The words "within six months of the date on which the offence is alleged to have been committed" omitted by Act No. 29 of 1989, w.e.f. 20th. October, 1989.

132 The words "the Government or" omitted by Act No. 29 of 1989, w.e.f. 20th. October, 89.

133 Section 92 renumbered as sub-section (1), thereof and after sub-section (1), so renumbered, sub-section (2) inserted by Act No. 29 of 1989, w.e.f 20th. October, 89.

134 Substituted for the words "in a Part B State", by 3 ALO, 1956.

135 Substituted for the words and figures "or under section 230 of the Indian Companies Act, 1913" by Act No. 29 of 1989, w.e.f. 20th. October, 89.

136 Notified Wage Ceiling: Wages (excluding remuneration for overtime) do not exceed Rs. 6,500 p.m. ESI (Central) Rules, 1950, rule 50.

137 Clause (a) re-lettered as clause (ac) thereby and before clause (ac) so re-lettered, clauses (a) and (ab) inserted by Act No. 29 of 1989, w.e.f. 20th. October, 89.

138 In clause (ac) so re-lettered, substituted for the word "nominations", w.e.f. 20th. October, 1989.

139 Clause (ee) re-lettered as clause (ei) thereof, and before clause (ei) so re-lettered clauses (ea) to (eh) inserted by Act No. 29 of 1989, w.e.f. 20th. October, 89.

140 In clause (o) and the word "and" omitted by Act No. 29 of 1989, w.e.f. 20th. October, 89.

141 Inserted by Act No. 45 of 1984, w.e.f. 27th., January, 85.

142 Substituted for the words "or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following", by Act No. 38 of 1975, 1st. September, 1975.

143 The words "with the prior approval of the Central Government and" omitted by Act No. 29 of 1989, w.e.f. 20th. October, 1989.

144 Inserted by Act No. 29 of 1989. Now substituted by Act No. 29 of 1989, w.e.f. 20th. October, 1989.

145 Substituted for former clause (iv) by Act No. 44 of 1966, w.e.f. 28th., January, 1968.

146 Substituted for the words "and the form in which" by Act No. 44 of 1966, w.e.f. 28th., January, 1968.

147 Clause (xv) omitted by the ESI (Amendment) Act, 1989, w.e.f. 20th. October, 1989.

148 Inserted by ESI (Amendment) Act, 1986.

149 Inserted by ESI (Amendment) Act, 1989, w.e.f. 20th. October, 1989.

150 Substituted by Act No. 53 of 1951, w.e.f. 6th. October, 1951.

151 Substituted for the words "Principal Officers", by Act No. 53 of 1951, w.e.f. 6th. October, 1951.

152 Substituted for the words "in a Part B State" by 3 AO, 1956.

153 Substituted for the words "that State", by 3 AO 1956.

154 Omitted by Act No. 29 of 1989, w.e.f. 1st., February, 1991.

155 Substituted by Act No. 44 of 1966, w.e.f. 28th., January, 1968. 



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