Employees' State Insurance Act, 1948

[Act No. 34 of Year 1948, dated 19th. April, 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

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:-