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Employees’ State Insurance Act, 1948

Contents

Sections

Particulars

Chapter I 

Preliminary

1

Short title, extent, commencement and application

2

Definitions

2A

Registration of factories and establishments

Chapter II

Corporation, Standing Committee And Medical Benefit Council

3

Establishment of Employees' State insurance Corporation

4

Constitution of Corporation

5

Term of office of members of the Corporation

6

Eligibility for re-nomination or re-election

7

Authentication of orders, decisions, etc.

8

Constitution of Standing Committee

9

Term of office of members of Standing Committee

10

Medical Benefit Council

11

Resignation of membership

12

Cessation of membership

13

Disqualification

14

Filling of vacancies

15

Fees and allowances

16

Principal officers

17

Staff

18

Powers of the Standing Committee

19

Corporation's power to promote measures for health, etc. of insured persons

20

Meetings of Corporation, Standing Committee and Medical Benefit Council

21

Supersession of the Corporation and Standing Committee

22

Duties of Medical Benefit Council

23

Duties of 61[Director General and the Financial Commissioner]

24

Acts of Corporation, etc. not invalid by reason of defect in constitution, etc.

25

Regional Boards, Local Committees, Regional and Local Medical Benefit Councils

Chapter III

Finance And Audit

26

Employees' State Insurance Fund

27

Grant by the Central Government

28

Purposes for which the fund may be expended

28A

Administrative expenses

29

Holding of property, etc.

30

Vesting of the property in the Corporation

31

Expenditure by Central Government to be treated as a loan

32

Budget estimates

33

Accounts

34

Audit

35

Annual report

36

Budget, audited accounts and the annual report to be placed before 43[Parliament]

37

Valuation of assets and liabilities

Chapter IV

Contributions

38

All employees to be insured

39

Contributions

40

Principal employer to pay contributions in the first instance

41

Recovery of contributions from immediate employer

42

General provisions as to payment of contributions

43

Method of payment of contribution

44

Employers to furnish returns and maintain registers in certain cases

45

Inspectors, their functions and duties

45A

Determination of contributions in certain cases

45B

Recovery of contributions

45C

Issue of certificate to the Recovery Officer

45D

Recovery Officer to whom certificate is to be forwarded

45E

Validity of certificate and amendment thereof

45F

Stay of proceedings under certificate and amendment or withdrawal thereof

45G

Other modes of recovery

45H

Application of certain provisions of the Income Tax Act

45I

Definitions

Chapter V

Benefits

46

Benefits

48

When person deemed available for employment [Omitted by Act No. 44 of 1966]

49

Sickness benefit

50

Maternity benefit

51

Disablement benefit

51A

Presumption as to accident arising in course of employment

51B

Accidents happening while acting in breach of regulations, etc.

5IC

Accidents happening while traveling in employer's transport

51D

Accidents happening while meeting emergency

52

Dependants' benefit

52A

Occupational disease

53

Bar against receiving or recovery of compensation or damages under any other law

54

Determination of question of disablement

54A

References to Medical Boards and appeals to Medical Appeal Tribunals and Employees' Insurance Courts

55

Review of decisions by Medical Board or Medical Appeal Tribunal

55A

Review of dependants' benefit

56

Medical benefit

57

Scale of medical benefit

58

Provision of medical treatment by State Government

59

Establishment and maintenance of hospitals, etc. by Corporation

59A

Provision of medical benefit by the Corporation in lieu of State Government

60

Benefit not assignable or attachable

61

Bar of benefits under other enactments

62

Persons not to commute cash benefits

63

Persons not entitled to receive benefit in certain cases

64

Recipients of sickness or disablement benefit to observe conditions

65

Benefits not to be combined

66

Corporation's right recover damages from employer in certain cases

67

Corporation's right to be indemnified in certain cases

68

Corporation's rights where a principal employer fails or neglects to pay any contribution

69

Liability of owner or occupier of factories, etc. for excessive sickness benefit

70

Repayment of benefit improperly received

71

Benefit payable up to and including day of death

72

Employer not to reduce wages, etc.

73

Employer not to dismiss or punish employee during period of sickness, etc.

Chapter V-A

Transitory Provisions

73A

Employer's special contribution

73B

Special tribunals for decision of disputes or questions under this Chapter where there is no Employees' Insurance Court

73C

Benefits under Chapter V to depend upon employee's contribution

73D

Mode of recovery of employer's special contribution

73E

Power to call for additional information or return

73F

Power to exempt to be exercised by Central Government alone in respect of employer's special contributions

73G

Application of certain provisions of this Act to employer's special contribution

73H

Power to remove difficulties

73-I

Duration of Chapter VA

Chapter VI

Adjudication Of Dispute And Claims

74

Constitution of Employees' Insurance Court

75

Matters to be decided by Employees' Insurance Court

76

Institution of proceedings, etc.

77

Commencement of proceedings

78

Powers of Employees' Insurance Court

79

Appearance by legal practitioners, etc.

80

Benefit not admissible unless claimed in time

81

Reference to High Court

82

Appeal

83

Stay of payment pending appeal

Chapter VII

Penalties

84

Punishment for false statements

85

Punishment for failure to pay contributions, etc.

85A

Enhanced punishment in certain cases after previous conviction

85B

Power to recover damages

85C

Power of Court to make orders

86

Prosecutions

86A

Offences by companies

Chapter VIII

Miscellaneous

87

Exemption of a factory or establishment or class of factories or establishments

88

Exemption of persons or class of persons

89

Corporation to make representation

90

Exemption of factories or establishments belonging to government or any local authority

91

Exemption from one or more provisions of the Act

91A

Exemptions to be either prospective or retrospective

91B

Misuse of benefits

91C

Writing off of losses

92

Power of Central Government to give directions

93

Corporation officers and servants to be public servants

93A

Liability in case of transfer of establishment

94

Contributions, etc., due to Corporation to have priority over other debts

94A

Delegation of powers

95

Power of Central Government to make rules

96

Power of State Government to make rules

97

Power of Corporation to make regulations

98

Corporation may undertake duties in Part B States

99

Medical care for the families of insured persons

99A

Power to remove difficulties

100

Repeal and saving

Schedule I

[omitted]

Schedule II

List of Injuries deemed to result in permanent total disablement

Schedule III

List of Occupational Diseases

 

Foot Notes

 

[Act No. 34 of Year 1948, dated 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

WHEREAS it is expedient 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;

It is hereby enacted as follows: -



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