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Employees' State Insurance Act, 1948

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

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:-

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