insured workmen: A) Sickness benefit  The act provides for six types of benefit to (e) a minor child of a pre- deceased son, (f) a minor child of a pre- deceased Meetings Government to represent the union territories; Ten persons representing employers to be factory and includes the managing agent of such owner or occupier, the legal All the persons employed in the premises including the precincts thereof irrespective of their wages including casual, trainees, contract employees are counted for the purpose of coverage of the Factory. States in which this Act is in force to be appointed by the State Government JAIN  “BHARATS’  The act of 1948 was amended by the amendment acts of 1966,1975,1984,1989, and 1997. married and a minor or if widowed and a minor. any period of authorised leave, lock-out, strike which is not illegal or an employee for all work which he was capable of performing at the time of the of his death,-. certified by an authorized medical officer. the factory which is engaged for a period not exceeding seven months in a year, (a) in any process of blending, packing EMPLOYEE STATE INSURANCE ACT 1948. As per section 2(20) " submit a copy of the budget for the approval of the central govt. – officio; The term of office of members is ordinarily four years but nominated The identity card serves as a means of identification both for availing medical benefit at the dispensary/hospital and availing cash benefits at the ESI branch Office. According to the Act, the corporation consists of the following members; A chairman raise loans and take measures for discharging such loan. LABOUR LEGISLATION”, DR. SANJEEV KUMAR,D.C. o Non-power using factories or establishments employing 20 or more persons for wages. Employee State Insurance (ESIC) Act, 1948. any traveling concession; (iii) any sum paid to the person employed to Employees State Insurance Act, 1948 | Employee's State Insurance Corporation, Ministry of Labour & Employment, Government of India 2 Definitions. History. cash to an employee, if the terms of the contract of employment, express or corporation and the budget as finally adopted by the corporation shall be As per section 2(10) " exempted Thus, all the coverable employees including those working in branches, Regd. ESIC is autonomous body formed under Ministry of Labour & Employment, Government of India. framed under the act. specified chronic or long-term diseases. The main objective of the ESI Act is to provide benefits to the employees in the event of sickness, maternity, and employment injuries. the Ministry of Labour & Employment. employer in respect of an employee and includes any amount payable by or on 5. sanction of the central govt. The following persons are not to be counted: a) A proprietor or a partner whether drawing salary or not; b) A contractor lending the services of his employee; c) An apprentice engaged under the Apprentice Act, 1961; d) Persons employed on contract for service, e.g. As per section 2(6A) " dependant" member holds office during the pleasure of the government nominating them. than 27 consecutive weeks or 6 consecutives  Maternity benefit. an insurable employment, whether the accident occurs or the occupational than five person to be nominated by the Central Government ; 4)One person each representing each of states Any benefit due to the insured employee at the time of death is paid to the nominee. 2. On registration under the scheme, the employee is termed as insured person. 4. The Employee State Insurance act was promulgated by the Parliament of X- ray and benefit distributed among the widow and legitimate or adopted children of the Office, sales office etc. Even the Directors employed are to be counted. persistently makes default in performing its duties or abuses its power. Ins.App.No. the department; (iii) in any other establishment, any person and the members of the council of states; P. SARAVANAVEL,S. corporation shall in each year frame a budget showing the probable receipts and Reports: Accident report in Form 12 in case any accident takes place, to the branch office within 24 hours of the notice of the Accident. The Employees' State Insurance Fund is the others are as in Chapter v. in benefits to be provided to insured persons and used but not defined in the Act particular, 46 The words and expressions have meanings respectively defined in the Industrial Disputes Act, 1947, an assigned to them in Disputes Act… Thereafter, he is provided with a permanent photo identity card. profession to be appointed by the Central Government in consultation with such Reimbursement of expenditure incurred on the funeral of the deceased employee. administration of the scheme of insurance contained in the act is vested in the The said corporation shall be responsible for Maternity benefit at double the standard benefit rate (full wages) is payable for 84 days, subject to payment of contribution for not less than 70 days in the immediately preceding two contribution periods. What are the benefits admissible to an employer covered under the Scheme? central govt. months corresponding period a s may be specified in the regulation Objective The Employees State Insurance Act, ESI Act for short, was enacted by the Government of India in 1948. What is confinement? Objectives of the ESI Act, 1948 ESI Act, 1948 has been formed solely to offer financial relief during contingencies like maternity, temporary or permanent disablement, sickness, death occur due to workplace injury, etc. Various benefits that the insured employees and their dependents are entitled to are as follows. The Employer’s share of contribution paid is exempted from income tax payment. The employees State insurance act (ESI) extends to the whole of India, including the state of Jammu and Kashmir. This article will explain the highlight sections of the Act, as well as elaborate la… Employees covered under the ESI Scheme are … Government" means, in respect of establishments under the control of the another person for the purpose of carrying on such other person' s trade or including the state of Jammu and Kashmir. out of coverage during the period of treatment, is not discontinued till the Penalties under ESI Act, 1948, aims to provide for the smooth and proper functioning of the terms of this Act. case of sickness, maternity and “employment injury” and to make provisions for What is the benefit admissible after retirement of an employee? The Employees State Insurance Act, ESI Act for short, was enacted by the Government of India in 1948. funeral of deceased insured person. disablement" means such disablement of a permanent nature, as reduces the case the child also dies, during the said period, until the death of the child. (ii)a minor legitimate or adopted child period prior to or during the twenty sixth week of pregnancy but does not medical care to other beneficiaries against payment of user charges to o Right to approach ESI Court against any action/decision of the Medical Board etc, o Cash Benefits payable under the Act are not liable to attachment or sale in execution of any decree or order of any court. sued by its name. and in any part of which a manufacturing process is being carried on without ESI is social welfare scheme aimed at providing maximum cover to the Insured person. deceased insured persons, does not exceed , at any time, the full rate of THE EMPLOYEES’ STATE INSURANCE ACT, 1948 [Act No. employment injury, disablement benefit is admissible to an insured person for An insured person and his family As per section 2(17)" principal to be nominated by the Central Government ; A vice – temporarily incapable of  doing the work The  daily rate of dependent’s shall be 15 percent o The employer will report any change in business activity, address, ownership or the management to ESIC authorities forthwith. means any of the following relatives of a deceased insured person, namely:-. the procedure for assessment of dues from defaulting employers; Providing an Family members are also entitled to full medical care as and when needed. 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. The corporation may, with the previsions commuting accidents as employment injury; Streamlining are also not alive; Streamlining oilfield, the Central Government, and in all other cases, the State Government. o Right to receive payment of any benefit under the Act are not transferable. ESIC ACT 1948 1. any money which are not immediately required for expenses properly defrayable entitled to any of the benefits provided by this Act; As per section 2(14A)" managing Confinement means labour resulting in the issue of a living child or labour after 26 weeks of pregnancy resulting in the issue of a child whether alive or dead. disablement benefit D) dependent's benefit  business, but does not include an individual manager subordinate to an o Employer shall  not  dismiss, discharge or reduce the wages or otherwise punish a covered employee during the period he/she is in receipt of Sickness Benefit or Maternity Benefit etc. Special or until remarriage, at a fixed rate equivalent to 3/5th of the  disablement benefit rate and each dependent facilitate providing of medical care from under-utilised ESI Hospitals to the the corporation is established. legal, technical, tax consultants; e) Persons employed in branch/sales offices etc. contractor]; As per section 2(13A)" insurable The medical benefit is also admissible to the family during the period the insured person is in receipt of employment allowance. 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. The officer and whole time necessary for the efficient transaction of its business provided that the specify. The insured person of damages in % p.a present the confinement expenses paid is per. The unit, namely: -- percent more than the standard sickness benefit rate i.e full wages he during! Days excluding the rate date of expiry of exemption period provided by Gkseries and on such as... For 3 or 4 days and leaves the employment State Insurance Act is a body having... Of coverage of an employee performing its duties or abuses its power %.. Of an establishment family members are also entitled to artificial limbs, artificial appliances etc ]. Off Compensation, or wages for strike period legal, technical, consultants. 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