Download - Employees’ State Insurance Act,1948
-
8/7/2019 Employees State Insurance Act,1948
1/26
Presented By
G.Madhuri
-
8/7/2019 Employees State Insurance Act,1948
2/26
` Commenced on 19 th April 1948` Apply to an establishment only when the number
of employees is 20 or more.` To provide for certain benefits to employees in
case of sickness, maternity and employment injuryand to make provision for certain other matters inrelation thereto.
-
8/7/2019 Employees State Insurance Act,1948
3/26
` W ith effect from 1 st Oct 1948 for the administrationof the scheme of Employees State Insurance inaccordance with the provisions of this Act.
` All orders and decisions of corporation beauthenticated by the signature of the Director General of Corporation
-
8/7/2019 Employees State Insurance Act,1948
4/26
Corporation shall consist of the following members` A chairman, vice-chairman to be appointed by the Central
Government` One person each representing each of the state in which this Act is
in force to be appointed by state government concerned` One person to be appointed by central govt to represent Union
territories` Ten persons representing employers to be appointed by central govt` Ten persons representing employees to be appointed by central
govt` Two persons representing medical profession to be appointed by
central govt` 3 members of parliament : 2 members of Lok sabha` 1 member of Rajya sabha
-
8/7/2019 Employees State Insurance Act,1948
5/26
Standing committee of corporation constituted from itsmembers, consisting of
` A chairman, three members of corporation appointedby central govt
` Director-General of corporation, Ex officio` 3 members of corporation representing three state
govt` 8 members elected by corporation from members of
corporation- 3 members representing employers- 3 members representing employees- 1 member representing medical professional- 1 member elected by Parliament
-
8/7/2019 Employees State Insurance Act,1948
6/26
` Administers affairs of corporation and exerciseany of the powers and perform any of thefunctions of the corporation
` Committee shall submit for the consideration anddecision of the corporation
-
8/7/2019 Employees State Insurance Act,1948
7/26
Constituted by central govt, consisting of ` Director General-Health Services, ex officio as Chairman` Deputy Director General, Health services to be appointed by
central govt` Medical commissioner of the corporation, ex officio` 1 member each representing each of the States appointed
by the state govt` 3 members representing employers to be appointed by the
central govt` 3 members representing employees to be appointed by the
central govt` 3 members representing medical profession to be appointed
by central govt from which there shall be atleast 1 woman
-
8/7/2019 Employees State Insurance Act,1948
8/26
` Shall advice on matters relating to theadministration of medical benefit, certification for purposes of grant of benefits and other connected
matters` Have such powers and duties of investigation in
relation to complaints against medical practitioners` duties in connection with medical treatment and
attendance
-
8/7/2019 Employees State Insurance Act,1948
9/26
` A member may resign his office by notice inwriting to the central govt
` His seat shall fall vacant on acceptance by central
govt
-
8/7/2019 Employees State Insurance Act,1948
10/26
A member shall cease to be member of that body` if he fails to attend 3 consecutive meetings` In opinion of central govt, if any person cease to
represent employers, employees, medical profession,corporation, standing committee or medical benefitcouncil
` If a member of corporation elected from parliamentcease to be member of parliament
-
8/7/2019 Employees State Insurance Act,1948
11/26
` If a person declared to be of unsound mind by acompetent court
` If he is an undischarged insolvent` If before or after the commencement of this Act,
he has been convicted of an offence involvingimmoral behavior
-
8/7/2019 Employees State Insurance Act,1948
12/26
` All employees in factories or establishments to whichto this Act applies shall be insured in the manner provided by this Act
` Contribution payable under this Act comprise of employers contribution and employees contributionwhich shall be paid to the corporation
` Contribution shall be paid at rates prescribed bycentral govt
` Contribution payable shall fall due on the last day of wage period
-
8/7/2019 Employees State Insurance Act,1948
13/26
` If principal employer does not pay the contributiontill due, he shall be liable to simple interest at rateof 12% per annum or at higher rate till the date of
its actual payment as specified in regulations ( notexceeding lending rate charged by scheduledbank)
` Any interest is recoverable as arrear of land
revenue
-
8/7/2019 Employees State Insurance Act,1948
14/26
` Principal employer shall pay both employers contribution and
employees contribution in respect of every employee
` Employer can recover from employees contribution when not
withstanding anything contained in any other enactment
` Employer cannot deduct the employers contribution from wages
payable to employee by not withstanding any contract
` Any sum deducted by principal employer is entrusted to him by
employee` Principal employer shall bear the expenses of forwarding the
contribution to corporation
-
8/7/2019 Employees State Insurance Act,1948
15/26
` N o employees contribution payable whoseaverage daily wages during a wage period isbelow 6 rupees (w.e.f 1-2-1991)
` Contribution ( both employers and employees )payable by employer for each wage period(week)
-
8/7/2019 Employees State Insurance Act,1948
16/26
Corporation may make regulations regarding` The manner and time of payment of contributions` Entry in or upon books or cards of particulars of
contribution paid and benefits distributed in thecase of insured person
` Replacement of books or cards which have beenlost or destroyed
-
8/7/2019 Employees State Insurance Act,1948
17/26
` Every principal and immediate employer shallfurnish return and maintain registers relating topersons employed as well as in respect of his
factory or establishment , to be submitted to thecorporation` Corporation may appoint inspectors for the
purpose of this act .
` Inspectors will enquire into correctness of anyparticulars stated
-
8/7/2019 Employees State Insurance Act,1948
18/26
Subject to the provisions of this act, insured person or dependant shall beentitled to following benefits
` Sickness benefit : Periodical payments to any insured person in case of
sickness certified by duly appointed medical practitioner
` Maternity Benefit : Periodical payments to insured woman in case of confinement, miscarriage or sickness arising out of pregnancy,
premature birth of child
` Disablement Benefit : Periodical payments to insured person suffering
from disablement as a result of an employment injury and certified to beeligible by regulation authority
(conditions, rates & period as prescribed by central govt)
-
8/7/2019 Employees State Insurance Act,1948
19/26
` Dependants Benefit : Periodical payments to dependants of an insured person who dies as a result of employment injury
` Funeral Benefit : Payment to the eldest surviving member of the
family of insured person who has died ( provided that amount
shall not exceed 100 rupees & claim to be within 3 months of
death of the insured person)
` At the request of appropriate govt, corporation may extend
medical benefits to the family of insured person
-
8/7/2019 Employees State Insurance Act,1948
20/26
An insured person shall not be entitled to receivefor the same period
` Both sickness and maternity benefit` Both sickness benefit and disablement benefit for
temporary disablement` Both maternity and disablement benefit for
temporary disablement
-
8/7/2019 Employees State Insurance Act,1948
21/26
` State govt shall constitute an Employees Insurance Court for such local area
` N umber of judges as per desired by state govt
` 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 Insurancecourt
` State govt may appoint the same court for two or more local areas / two or more
courts for the same local area
` W here more than one court has been appointed for the same local area, state
govt may regulate the distribution of business between them
-
8/7/2019 Employees State Insurance Act,1948
22/26
If any question or dispute arises as to` Any person is an employee within meaning of this Act` Rate of wages or average daily wages of employee
` Rate of contribution payable by principal employer ` Right of any person to any benefit, as to amount and
duration` Dispute between principal employer, corporation or
employee in respect of any contribution, benefit, duespayable or recoverable under this Act
-
8/7/2019 Employees State Insurance Act,1948
23/26
` Any application, appearance or act required to be made by
any person before Employees Insurance Court may be
made by Legal practitioner or Officer of registered tradeunion or with the permission of the court by any other
person so authorised
` Employees Insurance Court may submit any question of
law for decision of High Court
` W hen the corporation has presented an appeal against an
order of Employees Insurance court and if so directed by
High Court shall pend the decision and withhold thepayment
` Period of limitation of appeal shall be 60 days
-
8/7/2019 Employees State Insurance Act,1948
24/26
` Punishment of false statement : If any person for the purpose of
increase in payment or benefit under this act / for purpose of avoiding
payment makes false statement shall be punishable with imprisonment
for a term which may extend to 6 months and fine not exceeding 2000
Rs or with both.
` Punishment for failure to pay contribution : If any person
Fails to pay contribution which under this act, he is liable to pay
Deducts or attempts to deduct from the wages of an employee, the employers
contribution
Reduces the wages or any privilege or benefit admissible to any employee
Fails to submit any return required by the regulations
Obstructs any inspector or official of corporation in the discharge of his duties
-
8/7/2019 Employees State Insurance Act,1948
25/26
Guilty of any contravention with any of requirements of this Act
or rules or regulations in respect of which no special penalty is
provided
` Enhanced punishment : If a person have been convicted by acourt of an offence punishable under this Act and he commits
the same offence, then for every subsequent offence shall be
punishable with imprisonment which may extend to 2 yrs and
fine of 5000 Rs.
-
8/7/2019 Employees State Insurance Act,1948
26/26
T hank You