EMPLOYEES’ STATE INSURANCE ACT, 1948

1948 · State unknown · central · act_text

Sections (204)

1 · Short title, extent, commencement and application

4 · [PROVIDED that nothing contained in this sub-section shall apply to a factory or establishment belonging to or under the control of the government whose employees are otherwise in receipt of benefits substantially similar or superior to the benefits provided under this Act.]

6 · [PROVIDED that where the provisions of this Act have been brought into force in any part of a State, the said provisions shall stand extended to any such establishment or class of establishments within that part if the provisions have already been extended to similar establishment or class of establishments in another part of that State.]

4 · [(6) A factory or an establishment to which this Act applies shall continue to be governed by this Act notwithstanding that the number of persons employed therein at any time falls below the limit specified by or under this Act or the manufacturing process therein ceases to be carried on with the aid of power.]

2 · Definitions

13 · [(8) "employment injury" means a personal injury to an employee caused by accident or an occupational disease arising out of and in the course of his employment, being an insurable employment, whether the accident occurs or the occupational disease is contracted within or outside the territorial limits of India;]

14 · [and includes any person employed for wages on any work connected with the administration of the factory or establishment or any part, department or branch thereof or with the purchase of raw materials for, or the distribution or sale of the products of, the factory or establishment 15 [or any person engaged as an apprentice, not being an apprentice engaged under the Apprentices Act, 1961, or under the standing orders of the establishment; but does not include ]]-

17 · [(b) any person so employed whose wages (excluding remuneration for overtime work) exceed 18 [such wages as may be prescribed 136 by the Central Government]]:

19 · [(11) "family" means all or any of the following relatives of an insured person, namely,-

4 · [(15C) "power" shall have the meaning assigned to it in the Factories Act, 1948;]

4 · [(19A) "seasonal factory" means a factory which is exclusively engaged in one or more of the following manufacturing processes, namely, cotton ginning, cotton or jute pressing, decortication of groundnuts, the manufacture of coffee, indigo, lac, rubber, sugar (including gur) or tea or any manufacturing process which is incidental to or connected with any of the aforesaid processes and includes a factory which is engaged for a period not exceeding seven months in a year-

23 · [(23) "wage period" in relation to an employee means the period in respect of which wages are ordinarily payable to him whether in terms of the contract of employment, express or implied or otherwise.]

24 · [(24) all other words and expressions used but not defined in this Act and defined in the Industrial Disputes Act, 1947, shall have the meanings respectively assigned to them in that Act.]

11 · [2A. Registration of factories and establishments

3 · Establishment of Employees’ State insurance Corporation

4 · Constitution of Corporation

26 · [(a) a Chairman to be 27 [appointed] by the Central Government;

5 · Term of office of members of the Corporation

6 · Eligibility for re-nomination or re-election

37 · [7. Authentication of orders, decisions, etc.

8 · Constitution of Standing Committee

39 · [(bb) three members of the Corporation representing such three State Governments thereon as the Central Government may, by notification Gazette, specify from time to time;]

44 · [(d) the Director General of the Corporation, ex officio.]

9 · Term of office of members of Standing Committee

10 · Medical Benefit Council

47 · [PROVIDED that a member of the Medical Benefit Council shall notwithstanding the expiry of the said period of four years continue to hold office until the 48 [appointment] of his successor is notified.]

11 · Resignation of membership

49 · [(1)] A member of the Corporation, the Standing Committee or the Medical Benefit Council shall cease to be a member of that body if he fails to attend three consecutive meetings thereof :

39 · [(2) Where in the opinion of the Central Government any person 48 [appointed] or elected to represent employers, employees or the medical profession on the Corporation, the Standing Committee or the Medical Benefit Council, as the case may be, has ceased to represent such employers, employees, or the medical profession, the Central Government may, by notification in the Official Gazette, declare that with effect from such date as may be specified therein such person shall cease to be a member of the Corporation, the Standing Committee or the Medical Benefit Council, as the case may be.]

44 · [ (3) A person referred to in clause (i) of section 4 shall cease to be a member of the Corporation when he ceases to be a Member of Parliament.]

13 · Disqualification

14 · Filling of vacancies

15 · Fees and allowances

50 · [(1) The Central Government may, in consultation with the Corporation, appoint a director general and a financial commissioner.]

7 · The Central Government may at any time remove 52 [the director general or the financial commissioner] from office and shall do so if such removal is recommended by a resolution of the Corporation passed at a special meeting called for the purpose and supported by the votes of not less than two-thirds of the total strength of the Corporation.

17 · Staff

55 · [(2)(a) The method of recruitment, salary and allowances, discipline and other conditions of service of the members of the staff of the Corporation shall be such as may be specified in the regulations made by the Corporation in accordance with the rules and orders applicable to the officers and employees of the Central Government drawing corresponding scales of pay:

4 · [PROVIDED FURTHER that any such officiating or temporary appointment shall not confer any claim for regular appointment and the services rendered in that capacity shall not count towards seniority or minimum qualifying service specified in the regulations for promotion to next higher grade.]

58 · [(4) If any question arises whether a post corresponds to a 6 [Group A and Group B] post under the Central Government, the question shall be referred to that government whose decision thereon shall be final.]

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

26 · Employees’ State Insurance Fund

64 · [(3) Subject to the other provisions contained in this Act and to any rules or regulations made in this behalf, all moneys accruing or payable to the said Fund shall be paid into the Reserve Bank of India or such other bank as may be approved by the Central Government to the credit on an account styled the account of the Employees' State Insurance Fund.]

27 · Grant by the Central Government

28 · Purposes for which the fund may be expended

4 · [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

19 · [34. Audit

35 · Annual report

37 · Valuation of assets and liabilities

38 · All employees to be insured

39 · Contributions

67 · [(2) The contributions shall be paid at such rates as may be prescribed by the Central Government:

68 · [(3) The wage period in relation to an employee shall be the unit in respect of which all contributions shall be payable under this Act.]

4 · (5)(a) If any contribution payable under this Act is not paid by the principal employer on the date on which such contribution has become due, he shall be liable to pay simple interest at the rate of twelve per cent per annum or at such higher rate as may be specified in the regulations till the date of its actual payment:

40 · Principal employer to pay contributions in the first instance

41 · Recovery of contributions from immediate employer

70 · [(1A) The immediate employer shall maintain register of employees employed by or through him as provided in the regulations and submit the same to the principal employer before the settlement of any amount payable under sub-section (1).]

42 · General provisions as to payment of contributions

43 · Method of payment of contribution

11 · [ (bb) the date by which evidence of contributions having been paid is to be received by the Corporation;]

78 · [44. Employers to furnish returns and maintain registers in certain cases

45 · Inspectors, their functions and duties

39 · [(d) make copies of, or take extracts from, any register, account book or other document maintained in such factory, establishment, office or other premises;

79 · [45A. Determination of contributions in certain cases

4 · [PROVIDED that no such order shall be passed by the Corporation unless the principal or immediate employer or the person in charge of the factory or establishment has been given a reasonable opportunity of being heard.]

45B · Recovery of contributions

81 · [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

46 · Benefits

84 · [(b) periodical payments to an insured woman in case of confinement or miscarriage or sickness arising out of pregnancy, confinement, premature birth of child or miscarriage, such woman being certified to be eligible for such payments by an authority specified in this behalf by the regulations (hereinafter referred to as maternity benefit);]

48 · When person deemed available for employment

90 · [49. Sickness benefit

50 · Maternity benefit

91 · [51. Disablement benefit

51A · Presumption as to accident arising in course of employment

51B · Accidents happening while acting in breach of regulations, etc.

51D · Accidents happening while meeting emergency

95 · [52. Dependants' benefit

52A · Occupational disease

98 · [53. Bar against receiving or recovery of compensation or damages under any other law

99 · [54. Determination of question of disablement

54A · References to Medical Boards and appeals to Medical Appeal Tribunals and Employees' Insurance Courts

4 · [PROVIDED that no appeal by an insured person shall lie under this sub-section if such person has applied for commutation of disablement benefit on the basis of the decision of the medical board and received the commuted of such benefit:

100 · [55. Review of decisions by Medical Board or Medical Appeal Tribunal

55A · Review of dependants' benefit

56 · Medical benefit

70 · [PROVIDED FURTHER that an insured person who ceases to be in insurable employment on account of permanent disablement shall continue, subject to payment of contribution and such other conditions as may be prescribed by the Central Government, to receive medical benefit till the date on which he would have vacated the employment on attaining the age of superannuation had he not sustained such permanent disablement:

57 · Scale of medical benefit

58 · Provision of medical treatment by State Government

59 · Establishment and maintenance of hospitals, etc. by Corporation

44 · [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

105 · [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

107 · [(i) the difference between the amount of benefit which is paid by the Corporation to the said person and the amount of the benefit which would have been payable on the basis of the contributions which were in fact paid by the employer; or]

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

108 · [ If a person dies], during any period for which he is entitled to a cash benefit under this Act, the amount of such benefit up to and including the day of his death shall be paid to any person nominated by the deceased person in writing in such form as may be specified in the regulations or, if there is no such nomination, to the heir or legal representative of the deceased person.

72 · Employer not to reduce wages, etc.

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

109 · [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

74 · Constitution of Employees' Insurance Court

75 · Matters to be decided by Employees' Insurance Court

110 · [(ee) any direction issued by the Corporation under section 55A on a review of any payment of dependants benefits, or]

111 · [* * *]

112 · [Subject to the provisions of sub-section (2A), the following claims] shall be decided by the Employees' Insurance Court, namely:-

113 · [* * *];

114 · [(2A) If in any proceedings before the Employees' Insurance Court a disablement question arises and the decision of a medical board or a medical appeal tribunal has not been obtained on the same and the decision of such question is necessary for the determination of the claim or question before the Employees' Insurance Court, that Court shall direct the Corporation to have the question decided by this Act and shall thereafter proceed with the determination of the claim or question before it in accordance with the decision of the medical board or the medical appeal tribunal, as the case may be, except where an appeal has been filed before the Employees' Insurance Court under sub-section (2) of section 54A in which case the Employees' Insurance Court may itself determine all the issues arising before it.]

4 · [(2B) No matter which is in dispute between a principal employer and the Corporation in respect of any contribution or any other dues shall be raised by the principal employer in the Employees' Insurance Court unless he has deposited with the Court fifty per cent of the amount due from him as claimed by the Corporation:

76 · Institution of proceedings, etc.

77 · Commencement of proceedings

11 · [(1A) Every such application shall be made within a period of three years from the date on which the cause of action arose.

116 · [(b) the cause of action in respect of a claim by the Corporation for recovering contributions (including interest and damages) from the principal employer shall be deemed to have arisen on the date on which such claim is made by the Corporation for the first time:

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

84 · Punishment for false statements

70 · [PROVIDED that where an insured person is convicted under this section, he shall not be entitled for any cash benefit under this Act for such period as may be prescribed by the Central Government.]

85 · Punishment for failure to pay contributions, etc.

122 · [(i) where he commits an offence under clause (a), with imprisonment for a term which may extend to three years but

123 · [85A. Enhanced punishment in certain cases after previous conviction

123 · [85B. Power to recover damages

127 · [PROVIDED FURTHER that the Corporation may reduce or waive the damages recoverable under this section in relation to an establishment which is a sick industrial company in respect of which a scheme for rehabilitation has been sanctioned by the Board for Industrial and Financial Reconstruction established under section 4 of the Sick Industrial Companies (Special Provisions) Act, 1985, subject to such terms and conditions as may be specified in regulations.]

85C · Power of Court to make orders

86 · Prosecutions

130 · [(2) No court inferior to that of a Metropolitan Magistrate or Judicial Magistrate of the First Class shall try any offence under this Act.]

4 · [86A. Offences by companies

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

44 · [91A. Exemptions to be either prospective or retrospective

184 · [91B. Misuse of benefits

91C · Writing off of losses

92 · Power of Central Government to give directions

133 · [(1) The Central Government may give directions to a State Government as to the carrying into execution of this Act in the State.

39 · [(2) The Central Government may, from time to time, give such directions to the Corporation as it may think fit for the efficient administration of the Act, and if any such direction is given, the Corporation shall comply with such direction.]

93 · Corporation officers and servants to be public servants

39 · [93A. Liability in case of transfer of establishment

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

134 · [94A. Delegation of powers

95 · Power of Central Government to make rules

137 · [(a) the limit of wages beyond which a person shall not be deemed to be an employee;

137 · [(ac) the manner in which 138 [appointments] and elections of members of the Corporation, the Standing Committee and the Medical Benefit Council shall be made;

139 · [(ea) the types of expenses which may be termed as administrative expenses, the percentage of income of the Corporation which may be spent for such expenses;

139 · [(ei) the manner in which and the time within which appeals may be filed to medical appeal tribunals or Employees' Insurance Courts;]

4 · [(oa) the period of non-entitlement for cash benefit in case of conviction of an insured person;]

141 · [(2A) The power to make rules conferred by this section shall include the power to give retrospective effect, from a date not earlier than the date of commencement of this Act, to the rules or any of them but no retrospective effect shall be given to any rule so as to prejudicially affect the interest of any person other than the Corporation to whom such rule may be applicable.]

11 · [(4) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session 142 [or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid ], both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]

96 · Power of State Government to make rules

141 · [(3) Every rule made under this section shall be laid as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or, where such Legislature consists of one House, before that House.]

97 · Power of Corporation to make regulations

11 · [(ia) the time within which and the manner in which a factory or establishment shall be registered;]

144 · [(iiia) the rate of interest higher than twelve per cent on delayed payment of contributions,]

4 · [(iva) the register of employees to be maintained by the immediate employer;

145 · [(vi) the method of determining whether an insured person is suffering from one or more of the diseases specified in the Third Schedule;]

11 · [(xiia) specifying the authority competent to give certificate of eligibility for maternity benefit;

148 · [(xvia) the qualifications and experience which a person should possess for giving certificate of sickness;

149 · [(xviia) the amount of damages to be recovered as penalty;

150 · [(xix) the returns to be submitted and the registers or records to be maintained by the principal and immediate employers, the forms of such returns, registers or records, and the times at which such returns should be submitted and the particulars which such returns, registers and records should contain;]

150 · [(xxi) the method of recruitment, pay and allowances, discipline, superannuation benefits and other conditions of service of the officers and servants of the Corporation other than the 151 [Director General and Financial Commissioner;]

39 · (2A) The condition of previous publication shall not apply to any regulations of the nature specified in clause (xxi) of sub-section (2).]

141 · [(4) Every regulation shall, as soon as may be, after it is made by the Corporation, be forwarded to the Central Government and the government shall cause a copy of the same to be laid before each House of Parliament, while it is in session for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or both Houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation.]

98 · Corporation may undertake duties in Part B States

19 · [99. Medical care for the families of insured persons

44 · [99A. Power to remove difficulties

39 · [100. Repeal and saving

155 · [SCHEDULE II

23 · [SCHEDULE III: LIST OF OCCUPATIONAL DISEASES

EMPLOYEES’ STATE INSURANCE ACT, 1948

Sections (204)

Subordinates (0)