| SECTIONS | Employees' State Insurance Act, 1948 [with latest amendments] [Act No. 34 of 1948] [19th April, 1948] |
| | |
| | Preamble |
| | |
| | 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 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 |
| | |
| | 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 |
| | |
| | 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 |
| | |
| | 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. |
| | |
| | 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 |
| | |
| | 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 |
| | |
| | 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 |
| | |
| | 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 |
| | |
| | Latest Amending acts |
| | Employees' State Insurance (Amendment) Act, 2010 |
