SECTIONS | Employees' State Insurance Act, 1948 [with latest amendments] [Act No. 34 of 1948] [19th April, 1948] |
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| Preamble |
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| CHAPTER I : PRELIMINARY |
1. | Short title, extent, commencement and application |
2. | Definitions |
2A. | Registration of factories and establishments |
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| CHAPTER II : CORPORATION, STANDING COMMITTEE AND MEDICAL BENEFIT COUNCIL |
3. | Establishment of Employees' State Insurance Corporation |
4. | Constitution of Corporation |
5. | Term of office of members of Corporation |
6. | Eligibility for re-nomination or re-election |
7. | Authentication of orders, decisions, etc. |
8. | Constitution of Standing Committee |
9. | Term of office of members of Standing Committee |
10. | Medical Benefit Council |
11. | Resignation of membership |
12. | Cessation of membership |
13. | Disqualification |
14. | Filling of vacancies |
15. | Fees and allowances |
16. | Principal Officers |
17. | Staff |
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 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 |
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| CHAPTER III : FINANCE AND AUDIT |
26. | Employees' State Insurance Fund |
27. | Grant by the Central Government |
28. | Purposes for which the Fund may be expended |
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 |
34. | Audit |
35. | Annual Report |
36. | Budget, audited accounts and the annual report to be placed before Parliament |
37. | Valuation of assets and liabilities |
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| CHAPTER IV : CONTRIBUTIONS |
38. | All employees to be insured |
39. | Contributions |
40. | Principal employer to pay contribution in the first instance |
41. | Recovery of contribution from immediate employer |
42. | General provisions as to payment of contributions |
43. | Method of payment of contribution |
44. | Employers to furnish returns and maintain registers in certain cases |
45. | Inspectors, their functions and duties |
45A. | Determination of contributions in certain cases |
45AA. | Appellate authority |
45B. | Recovery of contributions |
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 |
45-I. | Definitions |
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| CHAPTER V : BENEFITS |
46. | Benefits |
47. | When person eligible for sickness benefit |
48. | When person deemed available for employment |
49. | Sickness benefit |
50. | Maternity benefit |
51. | Disablement benefit |
51A. | Presumption as to accident arising in course of employment |
51B. | Accidents happening while acting in breach of regulations, etc. |
51C. | Accidents happening while travelling in employer's transport |
51D. | Accidents happening while meeting emergency |
51E. | Accidents happening while commuting to the place of work and vice versa |
52. | Dependant's benefit |
52A. | Occupational disease |
53. | Bar against receiving or recovery of compensation or damages under any other law |
54. | Determination of question of disablement |
54A. | References to medical boards and appeals to medical appeal tribunals and Employees' Insurance Courts |
55. | Review of decisions by medical board or medical appeal tribunal |
55A. | Review of dependants' benefit |
56. | Medical benefit |
57. | Scale of medical benefit |
58. | Provision of medical treatment by State Government |
59. | Establishment and maintenance of hospitals, etc., by Corporation |
59A. | Provision of medical benefit by the Corporation in lieu of State Government |
59B. | Medical and para-medical education |
60. | Benefit not assignable or attachable |
61. | Bar of benefits under other enactments |
62. | Persons not to commute cash benefits |
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 to 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 |
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 |
72. | Employer not to reduce wages, etc. |
73. | Employer not to dismiss or punish employee during period of sickness, etc. |
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| CHAPTER VA : SCHEME FOR OTHER BENEFICIARIES |
73A. | Definitions |
73B. | Power to frame Schemes |
73C. | Collection of user charges |
73D. | Scheme for other beneficiaries |
73E. | Power to amend Scheme |
73F. | Laying of Scheme framed under this Chapter |
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| CHAPTER VI : ADJUDICATION OF DISPUTE AND CLAIMS |
74. | Constitution of Employees' Insurance Court |
75. | Matters to be decided by Employees' Insurance Court |
76. | Institution of proceedings, etc. |
77. | Commencement of proceedings |
78. | Powers of Employee's 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 |
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| CHAPTER VII : PENALTIES |
84. | Punishment for false statement |
85. | Punishment for failure to pay contributions, etc. |
85A. | Enhanced punishment in certain cases after previous conviction |
85B. | Power to recover damages |
85C. | Power of court to make orders |
86. | Prosecutions |
86A. | Offences by companies |
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| CHAPTER VIII : MISCELLANEOUS |
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 |
91A. | Exemptions to be cither prospective or retrospective |
91AA. | Central Government to be appropriate Government |
91B. | Misuse of benefits |
91C. | Writing off of losses |
92. | Power of Central Government to give directions |
93. | Corporation officers and servants to be public servants |
93A. | Liability in case of transfer of establishment |
94. | Contributions, etc., due to Corporation to have priority over other debts |
94A. | Delegation of powers |
95. | Power of Central Government to make rules |
96. | Power of State Government to make rules |
97. | Power of Corporation to make regulations |
98. | Corporation may undertake duties in Part B States |
99. | Medical care for the families of insured persons |
99A. | Power to remove difficulties |
100. | Repeals and savings |
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| Latest Amending acts |
| Employees' State Insurance (Amendment) Act, 2010 |