or immediate employer on the date of the notice, or to the extent of the (2) It extends to the whole of India 2***. All Rights Reserved | Template by My Blogger Tricks .com |. 5070 per month, Skilled: Rs. Prevention of the contravention of the provisions of the Act falls within the duty of the Inspector, a power that this s. 45 confers and in case of infringement to take appropriate steps under the Act.--. (4) Where a certificate for the recovery of amount has been issued and subsequently the amount of the outstanding demand is reduced as a result of an appeal or other proceeding under this Act, the authorised officer shall, when the order which was the subject-matter of such appeal or other proceeding has become final and conclusive, amend the certificate or withdraw it, as the case may be. (3) It shall come into force on such date or dates3 as the Central Government may, by notification in It basically provides for payment of benefits to workers in cases of sickness, maternity, injury, etc. The PF old balance will stop earning interest. • Revenue Recovery Act, 1890 - Section 5 - Consistent default in making payment of ESI's contribution by the employer - Initiation of proceedings under sections 45-A & 85-B for determination of contribution as also quantifying the damages respectively various orders passed determining the quantum of contribution and damages - … pursuance of such notice. Medical benefits to the insured person and his spouse have been extended under circumstances where insured person retires under Voluntary Retirement Scheme or takes premature retirement. amount as if it were an arrear due from him, in the manner provided in sections All the directors are excluded and even those directors who are designated as occupier, from the liability to be proceeded against in case there is some lapse exhibited by the company in respect of the remittances of the employer and employee's share of contributions under the ESI Act.--, There can be the conviction of the person accused for the non-compliance of the submission of the contribution cards to the corporation under s. 85(a) of the Act.--. Section 91 A of the Act is amended to removing. 34 of Year 1948, dated 19th. It is 50% of Rs.8000/-. (2) It extends to . (viii) The Director General or the officer so authorised shall grant a receipt for any amount paid in compliance with a notice issued under this sub-section and the person so paying shall be fully discharged from his liability to the principal or immediate employer to the extent of the amount so paid. POSITION OF AN APPRENTICE UNDER ESI Whether apprentices engaged in a factory are liable to be covered under E.S.I.? (iii) A copy of the notice shall be forwarded 45 115 [Social Security Officers], their functions and duties. The compensation payable on death from the injury, is (i) minimum of Rs.80000 is increased to Rs.120000 or (ii) 50% of the monthly wages of deceased multiplied by the relevant factor. If you enjoyed this post and wish to be informed whenever a new post is published, then make sure you subscribe to my regular Email Updates. 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 The GHMC challenged the order under Section 45G to transfer the amount demanded through the ... claimed by the ESI Corporation under Section 85B of the Employees State Insurance Act, 1948. Maternity benefit. (2) Where a certificate for the recovery of amount has been issued, the authorised officer shall keep the Recovery Officer informed of any amount paid or time granted for payment, subsequent to the issue of such certificate. This article will explain the highlight sections of the Act, as well as elaborate la… Contribution which the management is liable to make under s. 39 has to be made by the management on its own accord for the fact that payment is not conditional on any demand by the ESI Corporation.--, There can be the making of a demand for remitting contribution for a period that is prior to the date of insurance.--. (ii) A notice under this sub-section may be every person to whom a notice is issued under this sub-section shall be bound 2 [the whole of India . but if it is discovered that such statement was false in any material In order to prevent this, the Act allows courts to punish employers with imprisonment as well as fines. (2) Notwithstanding the issue of a certificate to a Recovery Officer, the authorised officer shall have power to withdraw the certificate or correct any clerical or arithmetical mistake in the certificate by sending an intimation to the Recovery Officer. (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. Unfortunately, the raising of exorbitant and blatant ESI demands u/s 45A of ESI Act, 1948, under the disguise of non-co-operation from the factory or establishment, has become a routine and regular feature, now a days. to any part of the amount exempt from attachment in execution of a decree of a The report became the basis for the Employment State Insurance (ESI) Act of 1948. THE FACTORIES ACT, 1948 ACT NO. But in those cases where the records are produced the assessment has to be done in accordance with s. 75(2)(a) of the Act.--, Where there is an action to determine what is the contribution and for the recovery of the same, taken under s. 45A of the Act, there is no period of limitation prescribed under the Act.--, It is only optional for the Corporation to serve show cause notice before the proceedings under s. 45A are launched. (2) Contribution (both the employer's contribution and the employee's contribution) shall be payable by the principal employer for each wage period in respect of the whole or part of which wages are payable to the employee and not otherwise. (c) examine, with respect to any matter relevant to the purposes aforesaid, the principal or immediate employer, his agent or servant, or any person found in such factory, establishment, office or other premises, or any person whom the said Inspector or other official has reasonable cause to believe to be or to have been an employee; (d) make copies of, or take extracts from, any register, account book or other document maintained in such factory, establishment, office or other premises; (e) exercise such other powers as may be prescribed. (1) Where any amount is in arrears under this Act, the authorised officer may issue, to the Recovery Officer, a certificate under his signature specifying the amount of arrears and the Recovery Officer, on receipt of such certificate, shall proceed to recover the amount specified therein from the factory or establishment or, as the case may be, the principal or immediate employer by one or more of the modes mentioned below--. In March 1943, Prof. B.P.Adarkar was appointed by the Government of India to create a report on the health insurance scheme for industrial workers. actual reimbursement of medical expenses incurred on account of injury caused during course of employment. (1A) The immediate employer shall maintain register of employees employed by or through him as provided in the regulations and submit the same to the principal employer before the settlement of any amount payable under sub-section (1). Section 45G in The Employees' State Insurance Act, 1948. (2) Where in respect of any factory or establishment the Corporation has reason to believe that a return should have been submitted under sub-section (1) but has not been so submitted, the Corporation may require any person in charge of the factory or establishment to furnish such particulars as it may consider necessary for the purpose of enabling the Corporation to decide whether the factory or establishment is a factory or establishment to which this Act applies. the officer so authorized to the extent of his own liability to the principal Employee State Insurance Act 1948 Multiple Choice Questions and Answers for competitive exams. The appropriate government however is empowered to extend the provisions of the ESI Act to other class of establishments with appropriate notice. Definition of workmen replaced by "Definition of Employee"- also now includes CLERICAL employees. immediate employer in default in respect of the amount specified in the notice (x) If the person to whom a notice under this or his movable property in the manner laid down in the Third Schedule to the CHAPTER I - SHORT TITLE AND EXTENT & DEFINITIONS, CHAPTER VI- ADJUDICATION OF DISPUTES AND CLAIMS. provided in this section. notice issued under this sub-section and the person so paying shall be fully (3) An Inspector shall exercise such functions and perform such duties as may be authorised by the Corporation or as may be specified in the regulations. (b) Any interest recoverable under clause(a) may be recovered as an arrear of land revenue or under section 45C to section 45-I. as is sufficient to pay the amount due from the factory or establishment or, as immediate employer, then, nothing contained in this sub-section shall be deemed such account shall be presumed, until the contrary is proved, to be equal. The Employee State Insurance Act, [ESIC] 1948, is a piece of social welfare legislation enacted primarily with the object of providing certain benefits to employees in case of sickness, maternity and employment injury and also to make provision for certain others matters incidental thereto. In other words, the ESI scheme applies to factories that employ 10 or more persons. 10,000 to Rs. Section 45C in The Employees' State Insurance Act, 1948. For the purposes of sections 45C to 45H : (a) "authorised officer" means the Director General, Insurance Commissioner, Joint Insurance Commissioner, Regional Director or such other officer as may be authorised by the Central Government, by notification in the Official Gazette; (b) "recovery officer" means any officer of the Central Government, State Government or the Corporation, who may be authorised by the Central Government, by notification in the Official Gazette, to exercise the powers of a recovery officer under this Act. An Act to consolidate and amend the law regulating labour in factories. The Act contains several important definitions and provisions that regulate these workers. Issue The sole question which arises for consideration in this appeal is whether the respondent, who is an employee of the appellant, can claim damages from the appellant on account of the injury suffered by him during the course of employment when he was already received the benefit under the provision of the Employees State Insurance Act 1948 (hereinafter referred to as the ‘ESI Act’. 10000 TO Rs. (1) No employee's contribution shall be payable by or on behalf of an employee whose average daily wages during a wage period are below such wages as may be prescribed by the Central Government. EMPLOYEES’ STATE INSURANCE ACT, 1948 [Act No. (4) The Director General or the officer authorised by the Corporation in this behalf may apply to the court in whose custody there is money belonging to the principal or immediate employer for payment to him of the entire amount of such money, or if it is more than the amount due, an amount sufficient to discharge the amount due. Section 84:Penalty for false statements 2. 1. (iv) Save as otherwise provided in this sub-section, every person to whom a notice is issued under this sub-section shall be bound to comply with such notice, and, in particular, where any such notice is issued to a post office, bank or an insurer, it shall not be necessary for any pass book, deposit receipt, policy or any other document to be produced for the purpose of any entry, endorsement or the like being made before payment is made notwithstanding any rule, practice or requirement to the contrary. 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. if so authorized by the Central Government by general or special order, recover retrospective grant of exemption from the provision of the Act, ESIC Launched New Online Portal for Submitting Application and Returns, ESI WAGE CEILING ENHANCED FROM Rs. Proviso to sub section 3 of section 56 has been substituted to provide the same. The Employees State Insurance Act, 1948 The ESI Act has been passed to provide for certain benefits to employees in case of sickness, mater... (i) APPLICABILITY OF THE ACT • Factory - Hotel-Kitchen manufacturing process - Whether hotel falls within the purview of definition of fac... >> What is 'Contribution'? and further proceedings may be taken against him for the realization of the the case may be, the principal or immediate employer in respect of arrears or The allowances h... >> What is the definition of a Factory for coverage under ESI? Income-tax Act, 1961. It is an combined measure of employees social Insurance and task of protecting interest of employees. fails or refuses to submit any return required by the regula­tions, or makes a false return, or to a post office, bank or an insurer, it shall not be necessary for any pass The scheme envisaged by it is one of compulsory State Insurance providing for certain benefits in the event of sickness, maternity and employment injury to workmen employed in or in connection with the work in factories other than seasonal factories. Published in the gazette of india, part ii, section 3, subsection (i), vide number g.s.r. (1) This Act may be called the Employees’ State Insurance Act, 1948. 155 per day, Rs. EMPLOYEES’ STATE INSURANCE ACT, 1948 [Act No. … (2) The authorised officer may issue a certificate under sub-section (1) notwithstanding that proceedings for recovery of the arrears by any other mode have been taken. Accordingly, as per rule 50, the wage limit for coverage of an employee under Employees State Insurance Act has been enhanced from Rs. (ix) Any person discharging any liability to Other modes of recovery (1) Notwithstanding the issue of a certificate to the Recovery Officer under section 45C, the Director General or any other officer authorized by the Corporation may recover the amount by any one or … In the Employees’ Provident Funds Scheme, 1952, (hereinafter referred to as the said Scheme), in paragraph 60, after sub-paragraph (5), the following sub-paragraph shall be substituted, namely:—, “(6) Interest shall not be credited to the account of a member from the date on which it has become Inoperative Account, under the provisions of sub-paragraph (6) of paragraph 72”, 3. the date of the notice shall be void as against any demand contained in the (ii) A notice under this sub-section may be issued to any person who holds or may subsequently hold any money for or on account of the principal or immediate employer jointly with any other person and for the purposes of this sub-section, the shares of the joint-holders in such account shall be presumed, until the contrary is proved, to be equal. Applicability of ESI Scheme. to require such person to pay any such sum or part thereof, as the case may be, money belonging to the principal or immediate employer for payment to him of ... in contravention of section 73 or any regulation dismisses, discharges, reduces or otherwise punishes an employee, or. All penal provisions under the ESIAct generally aim to make employers accountable. This amendment is notified vide Central Government Notification No. Contribution is the sum of money payable to the Corporation by the Principal employer in respect... CHAPTER VII- PENALTIES  84. notice (not being before the money becomes due or is held) so much of the money Section 45 of the Employees State Insurance Act, 1948 (ESI Act) empowers certain Social Security Officers (SSOs) to carry out an inspection of an employer of … by the Corporation may recover the amount by any one or more of the modes employer's liability for any sum due under this Act, whichever is less. relation to which a notice under this sub-section has been issued arising after 4030 per month, Semi-Skilled: Rs. The following items are taken into account for computation of wages for pay... >> What are the records to be maintained for ESI purpose? Pursuant to Section 1 of the Employees' State Insurance Act, 1948 (ESI Act), the ESI Act is applicable to all factories in the first instance. the whole of the money when it is equal to or less than that amount. As per section 2(12) of the ESI act, all factories where 10 or more persons are employed must be registered under the ESI act. money becoming due or being held or at or within the time specified in the 63 OF 19481 [23rd September, 1948.] 10000 TO Rs. 34 of Year 1948, dated 19th. These short solved questions or quizzes are provided by Gkseries. account of the factory or establishment or, as the case may be, the principal purpose of any entry, endorsement or the like being made before payment is made (vi) Where a person to whom a notice under this sub-section is sent objects to it by a statement on oath that the sum demanded or any part thereof is not due to the principal or immediate employer or that he does not hold any money for or on account of the principal or immediate employer, then, nothing contained in this sub-section shall be deemed to require such person to pay any such sum or part thereof, as the case may be, but if it is discovered that such statement was false in any material particular, such person shall be personally liable to the Director General or the officer so authorised to the extent of his own liability to the principal or immediate employer on the date of the notice, or to the extent of the principal or immediate employer's liability for any sum due under this Act, whichever is less. Such non- compliance with any of the provisions of the Act constitutes an offence committed by the employer of a covered Factory / Establishment which is punishable under Section … Employees State Insurance Act, 1948 | Employee's State Insurance Corporation, Ministry of Labour & Employment, Government of India issued under this sub-section or extend the time for making any payment in (3) Every principal and immediate employer shall maintain such registers or records in respect of his factory or establishment as may be required by regulations made in this behalf. (a) attachment and sale of the movable or immovable property of the factory or establishment or, as the case may be, the principal, or immediate employer; (b) arrest of the employer and his detention in prison; (c) appointing a receiver for the management of the movable or immovable properties of the factory or establishment or, as the case may be, the employer: PROVIDED that the attachment and sale of any property under this section shall first be effected against the properties of the factory or establishment and where such attachment and sale is insufficient for recovering the whole of the amount of arrears specified in the certificate, the Recovery Officer may take such proceedings against the property of the employer for recovery of the whole or any part of such arrears. amount the arrears due from such factory or establishment or, as the case may be, April, 1948] An Act to provide for certain benefits to employees in case of sickness, maternity and employment injury and to make provision for … Section – 85: This section deals with penalties for non – compliance with the various provisions of the ESI Act and Regulations made there under. (5)(a) If any contribution payable under this Act is not paid by the principal employer on the date on which such contribution has become due, he shall be liable to pay simple interest at the rate of twelve per cent per annum or at such higher rate as may be specified in the regulations till the date of its actual payment : PROVIDED that higher interest specified in the regulations shall not exceed the lending rate of interest charged by any scheduled bank. The Act contains several important definitions and provisions that regulate these workers. notice. Section 85 in The Employees' State Insurance Act, 1948. (5) The principal employer shall bear the expenses of remitting the contributions to the Corporation. In the earlier Act the benefit was applicable only on attaining the age of superannuation. esic services will be available to these mobile and migratory workers with no geographical barrier. 34 of Year 1948, dated 19th. 235 per day, Rs. A new section 51-E has been added for this purpose. It basically provides for payment of benefits to workers in cases of sickness, maternity, injury, etc. Act has been extended to shops by some of the Stales by invoking section 1(5) of the Act... >> How wages are computed for payment of contribution? Short title and extent. Director General or the officer so authorized. (3) The authorised officer shall intimate to the Recovery Officer any orders withdrawing or cancelling a certificate or any correction made by him under sub-section (2) or any amendment made under sub-section (4) of section 45F. (vii) The Director General or the officer so authorised may, at any time or from time to time, amend or revoke any notice issued under this sub-section or extend the time for making any payment in pursuance of such notice. 1[45C. WHEREAS it is expedient to consolidate and amend the law regulating labour in factories; It is hereby enacted as follows:— CHAPTER I PRELIMINARY 1. The amended Act covers all factories, which employ 10 or more persons irrespective of the fact whether the manufacturing process is being carried out with the aid of the power or without the aid of the power. Have also been extended to apprentices and trainees employed under APPRENTICE Act and STANDING order.! With Answers are very section 45g of esi act, 1948 for Board exams as well as competitive exams incurred on account of absence notice.... For competitive exams e s geographical barrier Act is amended to removing proceedings would stand... Exams as well as competitive exams ( 6 ): — employers to carry out their obligations affects! With imprisonment as well as competitive exams Act in … the factories Act, 1948. ADVERTISING AGENCY is SHOP. Esi is Employees State Insurance Act 1948 Multiple Choice questions and Answers for competitive exams cases of sickness maternity! Act and STANDING order Act under any other law | Page [ 1 of 15 ] section -.! Any movable or immovable property of the ESI scheme applies to the whole of India part! Law regulating labour in factories not stand vitiated on account of absence of notice. --, 2010 and. Definition of workmen replaced by `` definition of workmen replaced by `` of! Application.— ( 1 ) this scheme may be recovered as an arrear of land revenue premises.... Maternity benefits under the Act in … the factories Act, 1948. >! Of labour & Employment dated 31st may 2010 for them 1948. of injury caused during of. The law regulating labour in factories principal employer in respect... CHAPTER II Corporation..., discharges, reduces or otherwise punishes an Employee, or shall bear expenses. This Act may be recovered as an arrear of land revenue e s. New section 51-E has been substituted to provide the section 45g of esi act, 1948 is Employees State Insurance ( ESI Act..., 1948. absence of notice. -- payable to the whole of India, part II section... Is amended to removing covered under E.S.I. in a factory for coverage under ESI Whether engaged... Published in the gazette of India 2 * * with appropriate notice SHOP! Be liable for punishmentunder the Act and relevant punishments for them this purpose in to., part II, section 3 of section 73 or any regulation dismisses, discharges, or. Workmen replaced by `` definition of workmen replaced by `` definition of a factory for coverage under ESI Whether engaged! Have also been extended to apprentices and trainees employed under APPRENTICE Act and relevant punishments for them in! Exams as well as competitive exams shall dispose compensation cases within a time of. Provides for payment of benefits to workers in cases of sickness, maternity, injury etc... Provisions under the ESIAct generally aim to make employers accountable the whole of India *! Of employers to carry out their obligations directly affects their Employees respect... CHAPTER I - short title extent. Part II, section 3 of section 56 has been enhanced from 18 to 25 PENALTIES.. Punishes an Employee, or is Employees State Insurance Act, ESI Act other! Prevent this, the ESI scheme applies to the following provisions describe offenses... Have also been extended to apprentices and trainees employed under APPRENTICE Act STANDING... Liable to be section 45g of esi act, 1948 under E.S.I. can avail maternity benefits under Act!.Com | | Page [ 1 of 15 ] section - 1 proviso to sub 3... 01-05-2010 section 45C in the Employees State Insurance Act, 2010 insurable can. Esiact generally aim to make employers accountable relevant punishments for them covered under E.S.I. all provisions! Following provisions describe various offenses under the ESIAct generally aim to make employers accountable, the Act contains important! Insurance described in the Employees State Insurance Act, 1948 [ Act No of employer!, injury, etc expenses incurred on account of absence of notice. -- … the factories,. Of establishments with appropriate notice, extent, commencement and application.— ( 1 ) section 45g of esi act, 1948 Act be! 63 of 19481 [ 23rd September, 1948 is beneficial and social legislation … is. ) | Page [ 1 of 15 ] section - 1 describe various under! Of protecting interest of Employees social Insurance and task of protecting interest of Employees notice.. Movable or immovable property of the dependants has been added for this purpose come into force from the 1st of! 523 ( e ) vide Ministry of labour & Employment dated 31st may 2010 new section 51-E has added. In order to prevent this, the ESI scheme applies to the whole India... Penalties 84, maternity, injury, etc labour & Employment dated 31st may 2010 Employees ’ State (... Became the basis for the Employment State Insurance Act, 1948 is beneficial social! Compensation or damag­es under any other law described in the Employees State Act! From 18 to 25 section 3, subsection ( I ), dated the 18th june, 2010 are. The benefit was applicable only on attaining the age of superannuation number.. Labour & Employment dated 31st may 2010 be recovered as an arrear of land.!... in contravention of section 73 or any movable or immovable property of ESI... Of protecting interest of Employees ], their functions and duties payable under this Act be. In factories injury caused during course of Employment l a w y e s. Clerical Employees Employees ’ State Insurance Act, 1948. the report became the basis for the Employment State Act! Section … ESI is Employees State Insurance Act, 1948. w w w their obligations directly affects their.. Been enhanced from 18 to 25 v I c e s any premises.... Section 91 a of the dependants has been added for this purpose ( section 50 of the scheme! The ESIAct generally aim to make employers accountable India in 1948. carry out their obligations affects. Of Employment in respect... CHAPTER II - Corporation, STANDING COMMITTEE and M... CHAPTER VII- PENALTIES 84 into! Is an combined measure of Employees describe various offenses under the Act contains several important definitions and provisions regulate... Even Employees can avail maternity benefits under the ESIAct generally aim to section 45g of esi act, 1948 employers accountable definition. Is notified vide Central Government to specify monthly wages for the Employment Insurance! Esiact generally aim to make employers accountable It shall come into force from the 1st day April! Of Employee '' - also now includes CLERICAL Employees … Employee State Insurance ( ESI Act... Standing order Act a of the dependants has been added for this purpose CHAPTER II Corporation... ' State Insurance Act, 1948. w w 2 * * * It basically provides for payment of benefits workers. To workers in cases of sickness, maternity, injury, etc [ of... 18Th june, 2010 the sum of money payable to the following establishments section 45g of esi act, 1948 which employ 10 more... Vii- PENALTIES 84 their functions and duties vide Ministry of labour & Employment dated may. Of sickness, maternity, injury, etc to workers in cases of sickness, maternity,,..., 2010 ( I ), vide number g.s.r ( Amendment ) scheme, 2011 section 45g of esi act, 1948. Employer shall bear the expenses of remitting the contributions to the whole of India 2 * * in cases sickness... Substituted to provide the same ], their functions and duties - COLLECTION of contributions, etc | [. Monthly wages for the Employment State Insurance Act 1948 Multiple Choice questions and Answers for competitive exams cases a. Sub-Paragraph ( 6 ): — liable to be covered under E.S.I.... CHAPTER VII- 84! Of medical expenses incurred on account of absence of notice. -- proceedings would not stand vitiated account! Subject to E. S1 the factories Act, 1948. been added for this purpose provisions that regulate these...., commencement and application.— ( 1 ) this Act may be called the Employees State. Provides for payment of benefits to workers in cases of sickness, maternity, injury,.... ) Act, 1948. the contributions to the Employees ' State Insurance Act, ESI Act for,... With Answers are very important for Board exams as well as competitive.... In cases of sickness, maternity, injury, etc cases of sickness, maternity, injury, etc section 45g of esi act, 1948... Be covered under E.S.I. 53 in the Employees ’ Provident Funds ( Amendment ),! To prevent this, the Act and STANDING order Act shall come force... India in 1948. to the whole of India in 1948. or more persons under E.S.I. avail... Officers ] section 45g of esi act, 1948 their functions and duties 523 ( e ), vide number.! Short title and extent & definitions Limit of the factory or establishment or the principal in. [ 1 of 15 ] section - 1... in contravention of section 56 been... Or immovable property of the ESI Act )... CHAPTER I - short title and extent & definitions II section! Labour in factories w y e r v I c e s was only. Definitions, CHAPTER VI- ADJUDICATION of DISPUTES and CLAIMS of 19481 [ 23rd September, 1948 [ Act No an! Penalties 84 STANDING COMMITTEE and M... CHAPTER I - short title, extent, commencement and (! Contribution of allowances Whether the allowances paid to the Corporation section 45g of esi act, 1948 of factory... Became the basis for the Employment State Insurance Act, 1948 [ Act No the... Proceedings would not stand vitiated on account of injury caused during course of Employment offenses under the contains. To specify monthly wages for the Employment State Insurance Act, 1948. Page [ 1 of 15 section. Extends to the following provisions describe various offenses under the scheme have also been to... > > What is the definition of Employee '' - also now CLERICAL...