Employees' State Insurance Act, 1948
[Act No. 34 of Year 1948, dated 19th. April, 1948]
| Contents | |
| Sections | Particulars |
| Chapter I | Preliminary |
| 1 | Short title, extent, commencement and application |
| 2 | Definitions |
| 2A | Registration of factories and establishments |
| 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 the 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 61[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 |
| 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 43[Parliament] |
| 37 | Valuation of assets and liabilities |
| Chapter IV | Contributions |
| 38 | All employees to be insured |
| 39 | Contributions |
| 40 | Principal employer to pay contributions in the first instance |
| 41 | Recovery of contributions 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 |
| 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 |
| 45I | Definitions |
| Chapter V | Benefits |
| 46 | Benefits |
| 48 | When person deemed available for employment [Omitted by Act No. 44 of 1966] |
| 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. |
| 5IC | Accidents happening while traveling in employer's transport |
| 51D | Accidents happening while meeting emergency |
| 52 | Dependants' 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 |
| 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 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. |
| Chapter V-A | Transitory Provisions |
| 73A | Employer's special contribution |
| 73B | Special tribunals for decision of disputes or questions under this Chapter where there is no Employees' Insurance Court |
| 73C | Benefits under Chapter V to depend upon employee's contribution |
| 73D | Mode of recovery of employer's special contribution |
| 73E | Power to call for additional information or return |
| 73F | Power to exempt to be exercised by Central Government alone in respect of employer's special contributions |
| 73G | Application of certain provisions of this Act to employer's special contribution |
| 73H | Power to remove difficulties |
| 73-I | Duration of Chapter VA |
| 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 Employees' 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 |
| Chapter VII | Penalties |
| 84 | Punishment for false statements |
| 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 |
| 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 either prospective or retrospective |
| 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 | Repeal and saving |
| Schedule I | [omitted] |
| Schedule II | List of Injuries deemed to result in permanent total disablement |
| Schedule III | List of Occupational Diseases |
| Foot Notes | |
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, maternity and employment injury and to make provision for certain other matters in relation thereto;
It is hereby enacted as follows:-