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Start Free TrialEMPLOYEES' 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,.....
List Judgments citing this sectionEMPLOYEES' 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,.....
View Complete Act List Judgments citing this sectionEMPLOYEES' 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.....
View Complete Act List Judgments citing this sectionElectricity (Supply) Act, 1948 [Repealed] Section 11
Title: Temporary Absence of Members
State: Central
Year: 1948
If the Chairman or any other member of the Board is by infirmity or otherwise rendered temporarily incapable of carrying out his duties or is absent on leave or otherwise in circumstances not involving the vacation of this appointment, the State Government may appoint another person to officiate for him and carry out his functions under this Act or any rule or regulation made thereunder.
View Complete Act List Judgments citing this sectionEMPLOYEES' STATE INSURANCE ACT, 1948 Chapter V
Title: BENEFITS
State: Central
Year: 1948
.....any other law for the time being in force or otherwise, in respect of an employment injury sustained by the insured person as an employee under this Act.] ____________ 1. Subs. by Act 44 of 1966, sec. 25, for the original section 53 (w.e.f. 28-1-1968). Section 54 - Determination of question of disablement 1[Any question-- (a) whether the relevant accident has resulted in permanent disablement; or (b) whether the extent of loss of earning capacity can be assessed provisionally or finally; or (c) whether the assessment of the proportion of the loss of earning capacity is provisional or final; or (d) in the case of provisional assessment, as to the period for which such assessment shall hold good, shall be determined by a medical board constituted in accordance with the provisions of the regulations and any such question shall hereafter be referred to as the "disablement questions". ____________ 1. Subs. by Act 44 of 1966, sec. 26, for the original section 54 (w.e.f. 28-1-1968). Section 54A - References to medical boards and appeals to medical appeal tribunals and Employees' Insurance Courts (1) The case of any insured person for permanent disablement.....
View Complete Act List Judgments citing this sectionEMPLOYEES' STATE INSURANCE ACT, 1948 Section 55A
Title: Review of dependants' benefit
State: Central
Year: 1948
(1) Any decision awarding dependants' benefit under this Act may be reviewed at any time by the Corporation if it is satisfied by fresh evidence that the decision was given in consequence of non-disclosure or misrepresentation by the claimant or any other person of a material fact (whether the non-disclosure or misrepresentation was or was not fraudulent) or that the decision is no longer in accordance with this Act due to any birth or death or due to the marriage, re-marriage or cesser of infirmity of, or attainment of the age of eighteen years by, a claimant. (2) Subject to the provisions of this Act, the Corporation may, on such review as aforesaid, direct that the dependants' benefit be continued, increased, reduced or discontinued.]
View Complete Act List Judgments citing this sectionThe Electricity (Supply) Act, 1948 Complete Act
State: Central
Year: 1948
.....is declared void under this section, it shall not be enforceable by any party to the transaction but the provisions of Sec. 65 of the Indian Contract Act, 1872 (9 of 1872), shall, so far as may be, apply to such transaction as they apply to an agreement which is discovered to be void or a contract which becomes void. (4) The decision of the State Government declaring any transaction void under this section shall be final and shall not be called in question in any Court.] SECTION 11: TEMPORARY ABSENCE OF MEMBERS If the Chairman or any other member of the Board is by infirmity or otherwise rendered temporarily incapable of carrying out his duties or is absent on leave or otherwise in circumstances not involving the vacation of this appointment the State Government may appoint another person to officiate for him and carry out his functions under this Act or any rule or regulation made there under. SECTION 12: INCORPORATION OF BOARD The Board shall be a body corporate by the name notified under sub-section (1) of Sec. 5, having perpetual succession and a common seal with power to acquire and hold property both moveable and immoveable, and shall by the said name sue and be sued. .....
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