1-6-2010). 28-1-1968). 150. ], LIST OF INJURIES DEEMED TO RESULT IN PERMANENT TOTAL DISABLEMENT, Loss of both hands or amputation at higher sites, Double amputation through leg or thigh, or amputation through leg or thigh on one side and loss of other foot, Loss of sight to such an extent as to render the claimant unable to perform any work for which eyesight is essential, LIST OF INJURIES DEEMED TO RESULT IN PERMANENT PARTIAL DISABLEMENT, Amputation below shoulder with stump less than 20.32 cm from tip of acromion. 20-10-1989). 1-9-1975). 4. by Act, 44 of 1966, S. 2 (w.e.f. 267. 181. Omitted by Act, 44 of 1966, S. 15 (w.e.f. Subs. No. 1-2-1991). ], 322[At any time when its funds so permit, the Corporation may provide or contribute towards the cost of medical care for the families of insured persons.]. In exercise of the powers conferred by sub-section (2) of Section 1 of the Employees' State Insurance (Amendment) Act, 1989 (29 of 1989), the Central Government hereby appoints the 16th day of May, 1990 as the date on which the provisions of Sections 2(ii) and 7(iii)(a) of the said Act shall come into force. by Act, 44 of 1966, S. 18 (w.e.f. 20-4-2010 (w.e.f. (2) In this section vehicle includes a vessel and an aircraft. This is an Act to provide for certain benefits to employees in case of sickness, maternity and employment injury and to make provision for certain other matters in relation thereto. (3) When the Standing Committee has been superseded, a new Standing Committee shall be immediately constituted in accordance with Section 8. 1-2-1991). Added by Act, 29 of 1989, S. 15 (w.e.f. (2) Upon the publication of a notification under sub-section (1) superseding the Corporation or the Standing Committee, all the members of the Corporation or the Standing Committee, as the case may be, shall, as from the date of such publication, be deemed to have vacated their offices. Added by Act, 44 of 1966, S. 23 (w.e.f. Some of the more important amendments are. by Act, 29 of 1989, S. 47 (w.e.f. 235. 207[52-A. 42. 132. 49. The Employees' State Insurance Act, 1948 provides for grant of cash benefits to the employees in the recognised contingencies of sickness, maternity and employment injury. Ss. Ins. 315. by Act, 45 of 1984 (w.e.f. Subs. Subject to any rules made under this Act, the Corporation, the Standing Committee and the Medical Benefit Council shall meet at such times and places and shall observe such rules or procedure in regard to transaction of business at their meetings as may be specified in the regulations made in this behalf. The average daily wages of an employee shall be calculated 154[in such manner as may be prescribed by the Central Government]. Sections 3 to 7 (both inclusive) and Section 9 enforced w.e.f. 190. 252. Subs. 20-10-1989). 224. 5. by Act, 29 of 1989, S. 2(i) (w.e.f. 262. 17-6-1989). 73-D. Scheme for other beneficiaries. GSR 349(E), dt. Primary neoplasm of the epithelial lining of the urinary bladder or the kidney or the ureter. 15,000 vide Noti. Subs. 27-1-1985). 1-9-1975). Ins. The Employees’ State Insurance Act incorporates a number of sections, these sections provide for medical benefits and insurance for any employees working under factories registered under the ESI Corporation. 3. 222. Ins. Subs. 1193, dated the 5th June, 1993, S.O. by Act, 38 of 1975 (w.e.f. Subs. by Act, 44 of 1966, S. 18 (w.e.f. Tweet . 98. 22. The provisions of sub-section (4) of Section 2, Sections 4 to 13 (both inclusive), Sections 17, 28, 29, 31, 35, 36, 37 and 41 of Act, 44 of 1966, came into force in the whole of India except the State of Jammu and Kashmir on 17-6-1967, vide Notification No. 18. (3) The period of limitation for an appeal under this section shall be sixty days. 501, Noti. Ins. 1-2-1991). by Act, 44 of 1966, S. 32 (w.e.f. April, 1948] An Act to provide for certain benefits to employees in case of sickness, maternity and employment injury and to make provision for certain other matters in relation thereto Whereas it is expedient to provide for certain benefits to employees in case of sickness, 111. Subs. An accident occurring to an employee while commuting from his residence to the place of employment for duty or from the place of employment to his residence after performing duty, shall be deemed to have arisen out of and in the course of employment if nexus between the circumstances, time and place in which the accident occurred and the employment is established.]. The Committee agreed in principle the provisions of the said Bill. 290. Added by Act, 44 of 1966, S. 23 (w.e.f. Subs. S.O. Determination of contributions in certain cases. Subs. (xvi-b) the constitution of medical boards and medical appeal tribunals; (xvii) the penalties for breach of regulations by fine (not exceeding two days' wages for a first breach and not exceeding three days' wages for any subsequent breach) which may be imposed on employees; 314[(xvii-a) the amount of damages to be recovered as penalty; (xvii-b) the terms and conditions for reduction or waiver of damages in relation to a sick industrial company;]. 288[(ac)] the manner in which 289[appointments] and elections of members of the Corporation, the Standing Committee and the Medical Benefit Council shall be made; (b) the quorum at meetings of the Corporation, the Standing Committee and the Medical Benefit Council and the minimum number of meetings of those bodies to be held in a year; (c) the records to be kept of the transaction of business by the Corporation, the Standing Committee and the Medical Benefit Council; (d) the powers and duties of the 290[Director General and the Financial Commissioner] and the conditions of their service; (e) the powers and duties of the Medical Benefit Council; 291[(ea) the types of expenses which may be termed as administrative expenses, the percentage of income of the Corporation which may be spent for such expenses; (eb) the rates of contributions and limits of wages below which employees are not liable to pay contribution; (ec) the manner of calculation of the average daily wage; (ed) the manner of certifying the certificate to recover amount by the Recovery Officer; (ef) the qualifications, conditions, rates and period of sickness benefit, maternity benefit, disablement benefit and dependant's benefit; 292[(eff) the income of dependant parents from all sources;]. In exercise of the powers conferred by clause (b) of sub-section (19-A) of Section 2 of the Employees' State Insurance Corporation Act, 1948 (34 of 1948), the Central Government hereby specifies decortication of walnut as the manufacturing process of a seasonal factory for the purposes of the said Act. S.O. All officers and servants of the Corporation shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code (45 of 1860). Subs. 55-A. If an insured person is hurt in the course of his work and dies as a result, his dependants, i.e., his widow, legitimate (or adopted) sons and legitimate unmarried daughters will get a pension. Based on the above recommendations, it is proposed to carry out certain amendments in the Act. Subs. 27-1-1985). No employer by reason only of his liability for any contributions payable under this Act shall, directly or indirectly, reduce the wages of any employee, or except as provided by the regulations, discontinue or reduce benefits payable to him under the conditions of his service which are similar to the benefits conferred by this Act. 20-10-1989). ], CORPORATION, STANDING COMMITTEE AND MEDICAL BENEFIT COUNCIL. For the purposes of this section, (i) company means any body corporate and includes a firm and other association of individuals; and. Where an employer, in relation to a factory or establishment, transfers that factory or establishment in whole or in part, by sale, gift, lease or licence or in any other manner whatsoever, the employer and the person to whom the factory or establishment is so transferred shall jointly and severally be liable to pay the amount due in respect of any contribution or any other amount payable under this Act in respect of the periods up to the date of such transfer: Provided that the liability of the transferee shall be limited to the value of the assets obtained by him by such transfer.]. by the A.O. (No. by Act, 29 of 1989, S. 4 (w.e.f. 239. (1) A principal employer, who has paid contribution in respect of an employee employed by or through an immediate employer, shall be entitled to recover the amount of the contribution so paid (that is to say the employer's contribution as well as employee's contribution, if any), from the immediate employer, either by deduction from any amount payable to him by the principal employer under any contract, or as a debt payable by the immediate employer. 1-6-2010). Subs. An accident shall be deemed to arise out of and in the course of 197[an employee's] employment notwithstanding that he is at the time of the accident acting in contravention of the provisions of any law applicable to him, or of any orders given by or on behalf of his employer or that he is acting without instructions from his employer, if, (a) the accident would have been deemed so to have arisen had the act not been done in contravention as aforesaid or without instructions from his employer, as the case may be; and, (b) the act is done for the purpose of and in connection with the employer's trade or business. (1) If in the opinion of the Central Government, the Corporation or the Standing Committee persistently makes default in performing the duties imposed on it by or under this Act or abuses its powers, that Government may, by notification in the Official Gazette, supersede the Corporation, or in the case of the Standing Committee, supersede, in consultation with the Corporation, the Standing Committee: Provided that before issuing a notification under this sub-section the Central Government shall give a reasonable opportunity to the Corporation or the Standing Committee, as the case may be, to show cause why it should not be superseded and shall consider the explanations and objection, if any, of the Corporation or the Standing Committee, as the case may be. (3) The 243[State] Government may transfer any matter pending before any Employees' Insurance Court in the 244[State] to any such Court in another 245[State] with the consent of the 246[State] Government of that 247[State]. This payment of Unemployment Allowance is governed as per Section 61 of the ESI Act 1948. (1) Notwithstanding the issue of a certificate to the Recovery Officer under Section 45-C, the Director-General or any other officer authorised by the Corporation may recover the amount by any one or more of the modes provided in this section. Introduction. (2) No cash benefit payable under this Act shall be liable to attachment or sale in execution of any decree or order of any Court. Accidents happening while commuting to the place of work and vice versa. by the A.O. (h) any other matter which is required or allowed by this Act to be prescribed by the State Government. 1-6-2010). Subs. 3. 16-5-1990). 26-10-1971 vide Noti. by Act, 44 of 1966, S. 42 (w.e.f. 20-10-1989). All things done, or, omitted to be done, and all actions or measures taken or not taken during the period beginning on or after the 3rd day of July, 2008 and ending immediately before the date of commencement of the Employees' State Insurance (Amendment) Act, 2010, shall insofar as they are in conformity with the provisions of this Act, as amended by the Employees' State Insurance (Amendment) Act, 2010, be deemed to have been done, or taken, or not taken, under the provisions of this Act, as amended by the Employees' State Insurance (Amendment) Act, 2010, as if such provisions were in force at the time such things were done or omitted to be done and actions or measures taken or not taken during the said period. (1) An insured person shall not be entitled to receive for the same period, (a) both sickness benefit and maternity benefit; or, (b) both sickness benefit and disablement benefit for temporary disablement; or. 20-10-1989). 571, dated the 17th March, 2001, the Central Government hereby authorises the officers mentioned in column (2) of the Schedule below to exercise the powers of Recovery Officer under the said Act on and from the date of publication of this notification for the area mentioned in column (3) of the said Schedule, in relation to all factories and establishments covered under the provisions of the said Act, namely, Area in relation to which jurisdiction to be exercised, Deputy Director or Assistant Director, Employees' State Insurance Corporation, Sub-Regional Office, Nagpur, Maharashtra, Deputy Director or Assistant Director, Employees' State Insurance Corporation, Sub-Regional Office, Aurangabad, Maharashtra, Deputy Director or Assistant Director, Employees' State Insurance Corporation, Sub-Regional Office, Pune, Maharashtra, Deputy Director or Assistant Director, Employees' State Insurance Corporation, Regional Office, Mumbai, Maharashtra, Deputy Director or Assistant Director, Employees' State Insurance Corporation, Sub-Regional Office, Marol, Maharashtra, Deputy Director or Assistant Director, Employees' State Insurance Corporation, Sub-Regional Office, Thane, Maharashtra, Deputy Director or Assistant Director, Employees' State Insurance Corporation, Regional Office, Ahmedabad, Gujarat, Deputy Director or Assistant Director, Employees' State Insurance Corporation, Sub-Regional Office, Surat, Gujarat, Deputy Director or Assistant Director, Employees' State Insurance Corporation, Sub-Regional Office, Vadodara, Gujarat, Deputy Director or Assistant Director, Employees' State Insurance Corporation, Sub-Regional Office, Gurgaon, Haryana, Deputy Director or Assistant Director, Employees' State Insurance Corporation, Regional Office, Faridabad, Haryana, Deputy Director or Assistant Director, Employees' State Insurance Corporation, Regional Office, Jaipur, Rajasthan, Deputy Director or Assistant Director, Employees' State Insurance Corporation, Sub-Regional Office, Udaipur, Rajasthan, Deputy Director or Assistant Director, Employees' State Insurance Corporation, Sub-Regional Office, Jodhpur, Rajasthan, Deputy Director or Assistant Director, Employees' State Insurance Corporation, Regional Office, Delhi, Deputy Director or Assistant Director, Employees' State Insurance Corporation, Sub-Regional Office, Okhla, Delhi, Deputy Director or Assistant Director, Employees' State Insurance Corporation, Sub-Regional Office, Rohini Delhi, Deputy Director or Assistant Director, Employees' State Insurance Corporation, Regional Office, Puducherry. 176. Daman and Diu Labour Law Forms, Forms in Daman and Diu, Forms Under Employees State Insurance Act,1948 , Simpliance by Act, 29 of 1989, S. 4 (w.e.f. Subs. The annual report, the audited accounts of the Corporation, 138[together with the 139[the report of the Comptroller and Auditor-General of India thereon and the comments of the Corporation on such report] under Section 34] and the budget as finally adopted by the Corporation shall be placed before 140[Parliament] [* * *]141. Ins. 52. -The Employees' State Insurance Act, 1948, provides, inter alia, for certain benefits to employees in case of sickness, maternity and employment injury and for certain other matters in relation thereto. 3. The two committees together had made a number of recommendations involving amendments of the Act. 2-4. 2407(E), dt. 146. [Ed. by Act, 18 of 2010, S. 3 (w.e.f. The Corporation may appoint Regional Boards, Local Committees and Regional and Local Medical Benefit Councils in such areas and in such manner, and delegate to them such powers and functions, as may be provided by the regulations. (14) insured person means a person who is or was an employee in respect of whom contributions are or were payable under this Act and who is, by reason thereof, entitled to any of the benefits provided by this Act; 34[(14-A) managing agent means any person appointed or acting as the representative of another person for the purpose of carrying on such other person's trade or business, but does not include an individual manager subordinate to an employer;], 35[(14-AA) manufacturing process shall have the meaning assigned to it in the Factories Act, 1948 (63 of 1948);], 36[(14-B) 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);]. (4) Any sum deducted by the principal employer from wages under this Act shall be deemed to have been entrusted to him by the employee for the purpose of paying the contribution in respect of which it was deducted. Ss. by Act, 29 of 1989, S. 3(v) (w.e.f. 27. 2. 1-2-1991). by Act, 18 of 2010, S. 23 (w.e.f. by Act, 44 of 1966, S. 33 (w.e.f. 323. 28-1-1968). 241. Subs. 28-1-1968). by Act, 44 of 1966, S. 2 (w.e.f. No. The words and letter Part B State omitted by Act, 53 of 1951, S. 10. It also provides for medical benefit, in kind, to the employees and their families. Subs. by the A.O. (1) Save as otherwise expressly provided in this Act, the term of office of members of the Corporation, other than 68[the members referred to in clauses (a), (b), (c), (d) and (e) of Section 4 and the ex officio member], shall be four years commencing from the date on which their [appointment]69 or election is notified: Provided that a member of the Corporation shall, notwithstanding the expiry of the said period of four years, continue to hold office until the [appointment]70 or election of his successor is notified. 1000 to Rs. Subs. 4734, dated 6-10-1975. 17-6-1967). (3) A member of the Medical Benefit Council referred to in clauses (b) and (d) of sub-section (1) shall hold office during the pleasure of the Government [appointing]98 him. Subs. 45-C to 45-I Ins. 20-10-1989). 60. 39. by Act, 44 of 1966, S. 36 (w.e.f. 288. S.O. 1-6-2010). (13) immediate employer , in relation to employees employed by or through him, means a person who has undertaken the execution, on the premises of a factory or an establishment to which this Act applies or under the supervision of the principal employer or his agent, of the whole or any part of any work which is ordinarily part of the work of the factory or establishment of the principal employer or is preliminary to the work carried on in, or incidental to the purpose of, any such factory or establishment, and includes a person by whom the services of an employee who has entered into a contract of service with him are temporarily lent or let on hire to the principal employer [and includes a contractor]32; 33[(13-A) insurable employment means an employment in a factory or establishment to which this Act applies;]. by Act, 29 of 1989, S. 32(iii) (w.e.f. ], 12[(6) A factory or an establishment to which this Act applies shall continue 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.]. Poisoning by dinitrophenol or a homologue or by substituted dinitrophenol or by the salts of such substances. 21. The Corporation had also, from time to time, made certain recommendations for amendments of the Act. 291. (2) The Court shall consist of such number of Judges as the State Government may think fit. 3) of 1966, for in a Part B State . 17-6-1967). The 131[Director-General and the Financial Commissioner] shall exercise such powers and discharge such duties as may be prescribed. 95. Ss. (Cancelled cheque enclosed). Subs. 6. Sections 2 and 8 enforced w.e.f. (2) The Corporation may accept grants, donations and gifts from the Central or any State Government, 133[* * *] local authority, or any individual or body whether incorporated or not, for all or any of the purposes of this Act. 7. 28-1-1968). by the A.O. When an insured person falls ill, he will not only get free medical aid as explained above, he will also receive some sickness benefit.

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