Bare Act Search Results

EMPLOYEES' STATE INSURANCE ACT, 1948 Section 69

Title: Liability of owner or occupier of factories, etc., for excessive sickness benefit

State: Central

Year: 1948

.....persons is excessive by reason of-- (i) insanitary working conditions in a factory or establishment or the neglect of the owner or occupier of the factory or establishment to observe any health regulations enjoined on him by or under any enactment, or (ii) insanitary condition of any tenements or lodgings occupied by insured persons and such insanitary conditions are attributable to the neglect of the owner of the tenements or lodgings to observe any health regulations enjoined on him by or under any enactment, the Corporation may send to the owner or occupier of the factory or establishment or to the owner of the tenements or lodgings, as the case may be, a claim for the payment of the amount of the extra expenditure incurred by the Corporation as sickness benefit; and if the claim is not settled by agreement, the Corporation may refer the matter, with a statement in support of its claim, to the appropriate Government. (2) If the appropriate Government is of opinion that a prima facie case for inquiry is disclosed, it may appoint a competent person or persons to hold an inquiry into the matter. (3) If upon such inquiry it is proved to the satisfaction of the person or.....

EMPLOYEES' STATE INSURANCE ACT, 1948 Section 64

Title: Recipients of sickness or disablement benefit to observe conditions

State: Central

Year: 1948

A person who is in receipt of sickness benefit or disablement benefit (other than benefit granted on permanent disablement)-- (a) shall remain under medical treatment at a dispensary, hospital, clinic or other institution provided under this Act and shall carry out the instructions given by the medical officer or medical attendant in charge thereof; (b) shall not while under treatment do anything which might retard or prejudice his chances of recovery; (c) shall not leave the area in which medical treatment provided by this Act is being given, without the permission of the medical officer, medical attendant or such other authority as may be specified in this behalf by the regulations; and (d) shall allow himself to be examined by any duly appointed medical officer 1[***] or other person authorised by the Corporation in this behalf. ______________ 1. The words "or sick visitor" omitted by Act 29 of 1989, sec. 26 (w.e.f. 20-10-1989).

EMPLOYEES' STATE INSURANCE ACT, 1948 Section 73

Title: Employer not to dismiss or punish employee during period of sickness, etc.

State: Central

Year: 1948

(1) No employer shall dismiss, discharge or reduce or otherwise punish an employee during the period the employee is in receipt of sickness benefit or maternity benefit, nor shall he, except as provided under the regulations, dismiss, discharge or reduce or otherwise punish an employee during the period he is in receipt of disablement benefit for temporary disablement or is under medical treatment for sickness or is absent from work as a result of illness duly certified in accordance with the regulations to arise out of the pregnancy or confinement rendering the employee unfit for work. (2) No notice of dismissal or discharge or reduction given to an employee during the period specified in sub-section (1) shall be valid or operative.

EMPLOYEES' STATE INSURANCE ACT, 1948 Section 49

Title: Sickness benefit

State: Central

Year: 1948

1[The qualification of a person to claim sickness benefit, the conditions subject to which such benefit may be given, the rates and period thereof shall be such as may be prescribed by the Central Government. _______________ 1. Subs. by Act 29 of 1989, sec. 19, for sections 49 and 50 (w.e.f. 1-2-1991).

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 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.....

EMPLOYEES' STATE INSURANCE ACT, 1948 Chapter VIII

Title: MISCELLANEOUS

State: Central

Year: 1948

.....as may be specified in the notification, exempt any factory or establishment belonging to 2[***] any local authority from the operation of this Act, if the employees in any such factory or establishment are otherwise in receipt of benefits substantially similar or superior to the benefits provided under this Act. _______________ 1. Ins. by Act 44 of 1966, sec. 36 (w.e.f. 17-6-1967). 2. The words "The Government or" omitted by Act 29 of 1989, sec. 39 (w.e.f. 20-10-1989). Section 91 - Exemption from one or more provisions of the Act The appropriate Government may, with the consent of the Corporation, by notification in the Official Gazette, exempt any employees or class of employees in any factory or establishment or class of factories or establishments from one or more of the provisions relating to the benefits provided under this Act. Section 91A - Exemptions to be cither prospective or retrospective 1[Any notification granting exemption under section 87, section 88, section 90 or section 91 may be issued so as to take effect 2[prospectively] on such date as may be specified therein.] ________________________ 1. Ins. by Act 44 of, 1966, sec. 37 (w.e.f......

EMPLOYEES' STATE INSURANCE ACT, 1948 Section 97

Title: Power of Corporation to make regulations

State: Central

Year: 1948

.....and the Medical Benefit Council and the procedure to be followed at such meetings; 2[(ia) the time within which and the manner in which a factory or establishment shall be registered;] (ii) the matters which shall be referred by the Standing Committee to the Corporation for decision; (iii) the manner in which any contribution payable under this Act shall be assessed and collected; 3[(iiia) the rate of interest higher than twelve per cent. on delayed payment of contributions;] (iv) reckoning of wages for the purpose of fixing the contribution payable under this Act; 4[(iva) the register of employees to be maintained by the immediate employer; (ivb) the entitlement of sickness benefit or disablement benefit for temporary disablement on any day on which person works or remains on leave or on holiday and in respect of which he receives wages or for any day on which he remains on strike;] (v) the certification of sickness and eligibility for any cash benefit; 5[(vi) the method of determining whether an insured person is suffering from one or more of the diseases specified in the Third Schedule;] (vii) the assessing of the money value of any benefit which.....

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 58

Title: Provision of medical treatment by State Government

State: Central

Year: 1948

.....under this Act, with the previous approval of the Central Government, establish such organisation (by whatever name called) to provide for certain benefits to employees in case of sickness, maternity and employment injury: Provided that any reference to the State Government in the Act shall also include reference to the organisation as and when such organisation is established by the State Government. (6) The organisation referred to in sub-section (5) shall have such structure and discharge functions, exercise powers and undertake such activities as may be prescribed.] _______________________ 1. Substituted by the A.O. 1950, for "High Court of a Province". 2. Substituted by Act 53 of 1951, sec. 18, for "for a Part A State" (w.e.f. 6-10-1951). 3. Inserted by the Employees' State Insurance (Amendment) Act, 2010 w.e.f. 01.06.2010.