The Employees State Insurance Act, 1948
ESI Actcentral
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.
Act Number
34
Enactment
1948-04-19
Ministry
Ministry Of Labour And Employment
PRELIMINARY
CORPORATION, STANDING COMMITTEE AND MEDICAL BENEFIT COUNCIL
Section 3Establishment of Employees' State Insurance Corporation.Section 4Constitution of Corporation.Section 5Term of office of members of the Corporation.Section 6Eligibility for re-appointment or re-election.Section 7Authentication of orders, decisions, etc.Section 8Constitution of Standing Committee.Section 9Term of office of members of Standing Committee.Section 10Medical Benefit Council.Section 11Resignation of membership.Section 12Cessation of membership.Section 13Disqualification.Section 14Filling of vacancies.Section 15Fees and allowances.Section 16Appointment of a Director General and a Financial Commissioner.Section 17Staff.Section 18Powers of the Standing Committee.Section 19Corporation's power to promote measures for health, etc., of insured persons.Section 20Meetings of Corporation, Standing Committee and Medical Benefit Council.Section 21Supersession of the Corporation and Standing Committee.Section 22Duties of Medical Benefit Council.Section 23Duties of Director General and the Financial Commissioner.Section 24Acts of Corporation, etc., not invalid by reason of defect in constitution, etc.Section 25Regional Boards, Local Committees, Regional and Local Medical Benefit Councils.
FINANCE AND AUDIT
Section 26Employees' State Insurance Fund.Section 27[Omitted.].Section 28Purposes for which the Fund may be expended.Section 28AAdministrative expenses.Section 29Holding of property, etc.Section 30Vesting of the property in the Corporation.Section 31[Omitted.].Section 32Budget estimates.Section 33Accounts.Section 34Audit.Section 35Annual report.Section 36Budget, audited accounts and the annual report to be placed before Parliament.Section 37Valuation of assets and liabilities.
CONTRIBUTIONS
Section 38All employees to be insured.Section 39Contributions.Section 40Principal employer to pay contributions in the first instance.Section 41Recovery of contribution from immediate employer.Section 42General provisions as to payment of contribution.Section 43Method of payment of contributions.Section 44Employers to furnish returns and maintain registers in certain cases.Section 45Social Security Officers, their functions and duties.Section 45ADetermination of contributions in certain cases.Section 45AAAppellate authority.Section 45BRecovery of contributions.Section 45CIssue of certificate to the Recovery Officer.Section 45DRecovery officer to whom certificate is to be forwarded.Section 45EValidity of certificate and amendment thereof.Section 45FStay of proceedings under certificate and amendment or withdrawal thereof.Section 45GOther modes of recovery.Section 45HApplication of certain provisions of the Income-tax Act.Section 45IDefinitions.
BENEFITS
Section 46Benefits.Section 47[Omitted.].Section 48[Omitted.].Section 49Sickness benefit.Section 50Maternity benefit.Section 51Disablement benefit.Section 51APresumption as to accident arising in course of employment.Section 51BAccidents happening while acting in breach of regulations, etc.Section 51CAccidents happening while travelling in employer's transport.Section 51DAccidents happening while meeting emergency.Section 51EAccidents happening while commuting to the place of work and vice versa.Section 52Dependant's benefit.Section 52AOccupational disease.Section 53Bar against receiving or recovery of compensation or damages under any other law.Section 54Determination of question of disablement.Section 54AReferences to medical boards and appeals to medical appeal tribunals and Employees' Insurance Courts.Section 55Review of decisions by medical board or medical appeal tribunal.Section 55AReview of dependant's benefit.Section 56Medical benefit.Section 57Scale of medical benefit.Section 58Provision of medical treatment by State Government.Section 59Establishment and maintenance of hospitals, etc., by Corporation.Section 59AProvision of medical benefit by the Corporation in lieu of State Government.Section 59BMedical and para-medical education.
General
Section 60Benefit not assignable or attachable.Section 61Bar of benefits under other enactments.Section 62Persons not to commute cash benefits.Section 63Persons not entitled to receive benefit in certain cases.Section 64Recipients of sickness or disablement benefit to observe conditions.Section 65Benefits not to be combined.Section 66[Omitted.].Section 67[Omitted.].Section 68Corporation's rights where a principal employer fails or neglects to pay any contribution.Section 69Liability of owner or occupier of factories, etc., for excessive sickness benefit.Section 70Repayment of benefit improperly received.Section 71Benefit payable up to and including day of death.Section 72Employer not to reduce wages, etc.Section 73Employer not to dismiss or punish employee during period of sickness, etc.
SCHEME FOR OTHER BENEFICIARIES
ADJUDICATION OF DISPUTE AND CLAIMS
Section 74Constitution of Employees' Insurance Court.Section 75Matters to be decided by Employees' Insurance Court.Section 76Institution of proceedings, etc.Section 77Commencement of proceedings.Section 78Powers of Employees' Insurance Court.Section 79Appearance by legal practitioners, etc.Section 80[Omitted.].Section 81Reference to High Court.Section 82Appeal.Section 83Stay of payment pending appeal.
PENALTIES
Section 84Punishment for false statement.Section 85Punishment for failure to pay contributions, etc.Section 85AEnhanced punishment in certain cases after previous conviction.Section 85BPower to recover damages.Section 85CPower of Court to make orders.Section 86Prosecutions.Section 86AOffences by companies.
MISCELLANEOUS
Section 87Exemption of a factory or establishment or class of factories or establishments.Section 88Exemption of persons or class of persons.Section 89Corporation to make representation.Section 90Exemption of factories or establishments belonging to Government or any local authority.Section 91Exemption from one or more provisions of the Act.Section 91AExemptions to be either prospective or retrospective.Section 91AACentral Government to be appropriate Government.Section 91BMisuse of benefits.Section 91CWriting off of losses.Section 92Power of Central Government to give directions.Section 93Corporation officers and servants to be public servants.Section 93ALiability in case of transfer of establishment.Section 94Contributions, etc., due to Corporation to have priority over other debts.Section 94ADelegation of powers.Section 95Power of Central Government to make rules.Section 96Power of State Government to make rules.Section 97Power of Corporation to make regulations.Section 98Omitted.Section 99Medical care for the families of insured persons.Section 99APower to remove difficulties.Section 100Repeals and savings.