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EMPLOYEES' STATE INSURANCE ACT, 1948 Complete Act

State: Central

Year: 1948

.....to be overned 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.] SECTION 02: DEFINITIONS In this Act, unless there is anything repugnant in the subject or con- text- (1) "appropriate Government" means, in respect of establishment under the control of the Central Government or9[a railway administration] or a major port or a mine or oilfield, the Central Government, and in all other cases, the [State] Government; (2)11[***] (3) "confinement" means labour resulting in the issue of a living child, or labour after twenty six weeks of pregnancy resulting in the issue of a child whether alive or dead; (4) "contribution" means the sum of money payable to the Corporation by the principal employer in respect of an employee and includes any amount payable by or on behalf of the employee in accordance with the provisions of this Act; (5)12[***] (6) "Corporation" means the Employees State Insurance Corporation set up under this Act ; 13[(6A) "dependant" means any of the following relatives of a deceased insured person,.....

EMPLOYEES' STATE INSURANCE ACT, 1948 Section 3

Title: Establishment of Employees' State Insurance Corporation

State: Central

Year: 1948

(1) With effect from such date* as the Central Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established for the administration of the scheme of Employees' State Insurance in accordance with the provisions of this Act a Corporation to be known as the Employees' State Insurance Corporation. (2) The Corporation shall be a body corporate by the name of Employees' State Insurance Corporation having perpetual succession and a common seal and shall by the said name sue and be sued. _______________ * 1st October, 1948, vide Gazette of India, 1948, Extra., p. 1441.

EMPLOYEES' STATE INSURANCE ACT, 1948 Section 74

Title: Constitution of Employees' Insurance Court

State: Central

Year: 1948

(1) The State Government shall, by notification in the Official Gazette, constitute an Employees' Insurance Court for such local area as may be specified in the notification. (2) The Court shall consist of such number of Judges as the State Government may think fit. (3) Any person who is or has been a judicial officer or is a legal practitioner of five years' standing shall be qualified to be a Judge of the Employees' Insurance Court. (4) The State Government may appoint the same Court for two or more local areas or two or more Courts for the same local area. (5) Where more than one Court has been appointed for the same local area, the State Government may by general or special order regulate the distribution of business between them.

EMPLOYEES' STATE INSURANCE ACT, 1948 Chapter I

Title: PRELIMINARY

State: Central

Year: 1948

.....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.] ___________________ 1. The words "except the State of Jammu and Kashmir" which were subs. for "except Part B States" by Act 53 of 1951, sec. 2, have been omitted by Act 51 of 1970, sec. 2 and Sch. (w.e.f. 1-9-1971). 2. Subs. by Act 53 of 1951, sec. 2, for "for different States" (w.e.f. 6-10-1951). 3. Ins. by Act 29 of 1989, sec. 2(i) (w.e.f. 20-10-1989). 4. Subs. by Act 53 of 1951, sec. 2, for "with the approval of the Central Government" (w.e.f. 6-10-1951). 5. Ins. by Act 29 of 1989, sec. 2(ii) (w.e.f. 16-5-1990). 6. Substituted by the Employees' State Insurance (Amendment) Act, 2010 w.e.f. 01.06.2010 for the following :- "six months'" Section 2 - Definitions In this Act, unless there is anything repugnant in the subject or context,-- (1) "appropriate Government" means, in respect of establishments under the control of the Central Government or 1[a railway administration] or a major port or a mine or oilfield,.....

EMPLOYEES' STATE INSURANCE ACT, 1948 Section 2

Title: Definitions

State: Central

Year: 1948

.....does not include an individual manager subordinate to an employer; 15[(14AA) "manufacturing process" shall have the meaning assigned to it in the Factories Act, 1948 (63 of 1948);] (14B) "miscarriage" means expulsion of the contents of a pregnant uterus at any period prior to or during the twenty-sixth week of pregnancy but does not include any miscarriage, the causing of which is punishable under the Indian Penal Code (45 of 1860);] (15) "occupier" of the factory shall have the meaning assigned to it in the Factories Act, 16[1948 (63 of 1948)]; 4[(15A) "permanent partial disablement" means such disablement of a permanent nature, as reduces the earning capacity of an employee in every employment which he was capable of undertaking at the time of the accident resulting in the disablement: Provided that every injury specified in Part II of the Second Schedule shall be deemed to result in permanent partial disablement; (15B) "permanent total disablement" means such disablement of a permanent nature as incapacitates an employee for all work which he was capable of performing at the time of the accident in such disablement: Provided that permanent total disablement shall.....

EMPLOYEES' STATE INSURANCE ACT, 1948 Section 78

Title: Powers of Employee's Insurance Court

State: Central

Year: 1948

(1) The Employees' Insurance Court shall have all the powers of a Civil Court for the purposes of summoning and enforcing the attendance of witnesses, compelling the discovery and production of documents and material objects, administering oath and recording evidence and such court shall be deemed to be a Civil Court within the meaning of 1[section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974)]. (2) The Employees' Insurance Court shall follow such procedure as may be prescribed by rules made by the State Government. (3) All costs incidental to any proceeding before an Employees' Insurance Court shall, subject to such rules as may be made in this behalf by the State Government, be in the discretion of the court. (4) An order of the Employees' Insurance Court shall be enforceable as if it were a decree passed in a suit by a Civil Court. __________________ 1. Subs. by Act 45 of 1984, sec. 9, for "section 195 Chapter XXXV of the Code of Criminal Procedure, 1898" (w.e.f. 27-1-1985).

EMPLOYEES' STATE INSURANCE ACT, 1948 Complete Act

Title: EMPLOYEES' STATE INSURANCE ACT, 1948

State: Central

Year: 1948

.....and Standing Committee Section22 - Duties of Medical Benefit Council Section23 - Duties of Director General and the Financial Commissioner Section24 - Acts of Corporation, etc., not invalid by reason of defect in constitution, etc. Section25 - Regional Boards, Local Committees, Regional and Local Medical Benefit Councils Chapter III Section26 - Employees' State Insurance Fund Section27 - Grant by the Central Government Section28 - Purposes for which the Fund may be expended Section28A - Administrative expenses Section29 - Holding of property, etc. Section30 - Vesting of the property in the Corporation Section31 - Expenditure by Central Government to be treated as a loan Section32 - Budget estimates Section33 - Accounts Section34 - Audit Section35 - Annual Report Section36 - Budget, audited accounts and the annual report to be placed before Parliament Section37 - Valuation of assets and liabilities Chapter IV Section38 - All employees to be insured Section39 - Contributions Section40 - Principal employer to pay contribution in the first instance Section41 - Recovery of contribution from immediate employer Section42 - General provisions as to payment of.....

EMPLOYEES' STATE INSURANCE ACT, 1948 Section 54A

Title: References to medical boards and appeals to medical appeal tribunals and Employees' Insurance Courts

State: Central

Year: 1948

.....constituted in accordance with the provisions of the regulations with a further right of appeal in the prescribed manner and within the prescribed time to the Employees' Insurance Court, or (ii) the Employees' Insurance Court directly]: 1[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 value of such benefit: Provided further that no appeal by the Corporation shall lie under this sub-section if the Corporation paid the commuted value of the disablement benefit on the basis of the decision of the medical board.] _________________ 1. Ins. by Act 29 of 1989, sec. 22 (w.e.f. 20-10-1989).

EMPLOYEES' STATE INSURANCE ACT, 1948 Section 76

Title: Institution of proceedings, etc.

State: Central

Year: 1948

(1) Subject to the provisions of this Act and any rules made by the State Government, all proceedings before the Employees' Insurance Court shall be instituted in the Court appointed for the local area in which the insured person was working at the time the question or dispute arose. (2) If the Court is satisfied that any matter arising out of any proceeding pending before it can be more conveniently dealt with by any other Employees' Insurance Court in the same State, it may, subject to any rules made by the State Government in this behalf, order such matter to be transferred to such other Court for disposal and shall forthwith transmit to such other court the records connected with that matter. (3) The State Government may transfer any matter pending before any Employees' Insurance Court in the State to any such Court in another State with the consent of the State Government of that State. (4) The court to which any matter is transferred under sub-section (2) or sub-section (3) shall continue the proceedings as if they had been originally instituted in it.

EMPLOYEES' STATE INSURANCE ACT, 1948 Chapter II

Title: CORPORATION, STANDING COMMITTEE AND MEDICAL BENEFIT COUNCIL

State: Central

Year: 1948

.....of States or when he ceases to be a member of Parliament.] ___________________________ 1. Section 12 re-numbered as sub-section (1) thereof by Act 53 of 1951, sec. 8 (w.e.f. 6-10-1951). 2. Ins. by Act 53 of 1951, sec. 8 (w.e.f. 6-10-1951). 3. Subs. by Act 29 of 1989, sec. 4, for "nominated", "nomination" and "nominating" (w.e.f. 20-10-1989). 4. Ins. by Act 44 of 1966, sec. 9 (w.e.f. 17-6-1967). 5. Substituted by the Employees' State Insurance (Amendment) Act, 2010 w.e.f. 01.06.2010 for the following :- "4[(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.]" Section 13 - Disqualification A person shall be disqualified for being chosen as or for being a member of the Corporation, the Standing Committee or the Medical Benefit Council-- (a) if he is declared to be of unsound mind by a competent court; or (b) if he is an undischarged insolvent; or (c) if he has directly or indirectly by himself or by his partner any interest in a subsisting contract with, or any work being done for, the Corporation except as a medical practitioner or as a.....