| 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 |
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Employees' State Insurance (Amendment) Act, 2010 |
