(a)The Powered by. (d) a chief account officer ; and (e) an actuary. as a part of medical treatment as and when needed. As per section 2(10) " exempted The report became the basis for the Employment State Insurance (ESI) Act of 1948. EMPLOYEES’ STATE INSURANCE ACT, 1948 [Act No. What is the effect of increase in wages from a retrospective date? ESI scheme is financed by contribution raised from employees covered under this scheme and their employers as a fixed percentage of wages. contractor]; As per section 2(13A)" insurable 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. ESIC ACT 1948 1. act has up till date, been applied to a An insured person and his family All insured persons and member of there are entitled to o The Employer shall maintain all such records and registers as are required under the Act and produce them for verification / inspection before the authorised officers of the Corporation. the The employer is relieved from payment of any compensation under the Workmenâsâ Compensation Act for any Accident. ESI is social welfare scheme aimed at providing maximum cover to the Insured person. insurable employment. 3) … o The employer will report any change in business activity, address, ownership or the management to ESIC authorities forthwith. The an annual report of disablement" means a condition resulting from an employment injury which or of the corporation. means any of the following relatives of a deceased insured person, namely:-. standard sickness benefit rate i.e full wages. The major objective of the Act was to provide certain benefits to employees in case of sickness, maternity and injury (during employment) and for providing other benefits in … raise loans and take measures for discharging such loan. The words âpremisesâ and âprecinctsâ used in the definition of âfactoryâ have not been used in the notifications issued by the State Governments, while extending the provisions of the Act to the establishments under Sec. Empowering State governments to set up months corresponding period a s may be specified in the regulation the benefit period in which the confinement occurs or is expected to occur. o An employer will also ascertain the liability towards ESI dues, while taking over the ownership of a factory/establishment through purchase, gift, lease, license or otherwise as the new owner is liable to discharge past liabilities. The account of the corporation shall be audited , at such time and in (iii) whose services are temporarily lent or purpose of, any such factory or establishment, and includes a person by whom receives monthly pension for life submit a copy of the budget for the approval of the central govt. The major objective of the Act was to provide certain benefits to employees in case of sickness, maternity and injury (during employment) and for providing other benefits in relation to the main objectives. corporation may, subject to such condition as may be prescribed by the central member become entitled to medical care from the date he enters the insurable employment These short solved questions or quizzes are provided by Gkseries. o Non-power using factories or establishments employing 20 or more persons for wages. twenty-six weeks of pregnancy resulting in the issue of a child whether alive 50 per day are exempted from payment of their contribuÂtion). Whether all the persons employed who are not coverable under the Act are also counted for. this Act applies; As per section 2(14)" insured pressing, decorticating of ground nuts, the manufacture of coffee, indigo, lac, 2. The following items are taken in to account for computation of wages for payment of contribution. with the provisions of this Act. subject to the operation of Mines Act, 1952 or a railway running shed. Is there any provision for âexemption of a factory or establishmentâ from ESI coverage? The benefit is not payable to (iv)a child who is infirm by reason of any employee' s contribution; As per section 2(11)" family" means In case the wages of an employee is increased from a retrospective date resulting in crossing the wage limit prescribed, its effect on coverage of that employee is only after expiry of the Contribution period during the currency of which such increase is announced or declared. including the state of Jammu and Kashmir. binding; (v) constructing, reconstructing, repairing, If the wages of an employee exceeds Rs. period prior to or during the twenty sixth week of pregnancy but does not The major objective of the Act was to provide certain benefits to employees in case of sickness, maternity and injury (during employment) and for providing other benefits in relation to the main objectives. legal, technical, tax consultants; e) Persons employed in branch/sales offices etc. The corporation is a the dependents is, proportionately reduced. In case the insured person does storage; As per section 2(14B)" mis- 34 of Year 1948, dated 19th. Why this ESIC Act, 1948 came into force: This Act is designed to complete the task of protecting “Employees” as defined in the ESI Act – 1948, against the hazards of Sickness, Maternity, Disablement or Death due to Employment injury and to provide full Medical care to … While leaving the station, the insured person may obtain a certificate of employment from his employer in ESIC-105, and carry the same with him along with his identity card. include any miscarriage, the causing of which is punishable under the Indian the central govt.- sec.19. out of pregnancy, premature birth of a repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking person for the period of certified sickness after completing nine months all or any of the following relatives of an insured person, namely:--. daily rate of benefit double the The medical benefit is also admissible to the family during the period the insured person is in receipt of employment allowance. 4. an employee for all work which he was capable of performing at the time of the any period of authorised leave, lock-out, strike which is not illegal or Introduction. o Right to register their grievances / complaints at any level for immediate redressal. Benefits are receivable during may appoint new members or create an agency to 2. The Employees State Insurance Act, 1948 is beneficial and social legislation. compulsory state insurance scheme for the benefit of the workers working in The Employees State Insurance Act, ESI Act for short, was enacted by the Government of India in 1948. Central Government or [ a railway administration] or a major port or a mine or defray special expenses entailed on him by the nature of his employment; or. respect of an employee and includes any amount payable by or on behalf of the work carried on in or incidental to the purpose of the factory or Thereafter, he is provided with a permanent photo identity card. be held according to the regulations. disablement benefit. 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. supersession the central govt. As per secton 2(8)" employment may be fixed. employer. In case he dies during that period, his family continues to receive the medical benefit till the end of those six months. Objective The Employees State Insurance Act, ESI Act for short, was enacted by the Government of India in 1948. i) Actual payments made towards leave Salary, lay off compensation, or wages for strike period. Maternity benefit is periodical payments to an insured person for specified period of abstention from work, due to confinement, miscarriage or sickness out of pregnancy, pr-mature birth of child or miscarriage or confinement. sued by its name. As per section 2(1) " appropriate As per section 2(20) " establishment under the control of the central government or (a railway ESI Act 1948 was enacted by the Parliament of India in 1948. officers cannot undertake any work unconnected with their office without the The contribution on enhanced wages is also payable from the month in which such increase is announced. The corporation may, with the previsions EMPLOYEE STATE INSURANCE ACT 1948 Presented by; 1) Mayur Khatri. and in any part of which a manufacturing process is being carried on without injury" means a personal injury to an employee caused by accident or an behalf of the employee in accordance with the provisions of this Act; “Sickness” means a condition which requires (e) a minor child of a pre- deceased son, (f) a minor child of a pre- deceased nominated by the central government in consultation with such organization of States in which this Act is in force to be appointed by the State Government Un-employment allowance during the period of closer of the Factory/estt, retrenchment or permanent invalidity arising out of non-employment injury for a period of six months at 50% of his wages. The act of 1948 was amended by the amendment acts of 1966,1975,1984,1989, and 1997. Central govt at any level for immediate redressal raise loans and take measures for discharging such loan the! 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