Bare Acts

The Employees State Insurance Act, 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.

कर्मचारी राज्य बीमा अधिनियम, 1948

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Act Details

Act Number:

Act Year:

1948

Location:

Enactment Date:

4/19/1948

Enforcement Date:

For dates see Annexure

Ministry:

Ministry of Labour and Employment

All Section List (ESI Act)

PRELIMINARY

Section 1 to Section 2A

Section 1

Short title, extent, commencement and application.

Section 2

Definitions.

Section 2A

Registration of factories and establishments.

CORPORATION, STANDING COMMITTEE AND MEDICAL BENEFIT COUNCIL

Section 3 to Section 25

Section 3

Establishment of Employees' State Insurance Corporation.

Section 4

Constitution of Corporation.

Section 5

Term of office of members of the Corporation.

Section 6

Eligibility for re-appointment or re-election.

Section 7

Authentication of orders, decisions, etc.

Section 8

Constitution of Standing Committee.

Section 9

Term of office of members of Standing Committee.

Section 10

Medical Benefit Council.

Section 11

Resignation of membership.

Section 12

Cessation of membership.

Section 13

Disqualification.

Section 14

Filling of vacancies.

Section 15

Fees and allowances.

Section 16

Appointment of a Director General and a Financial Commissioner.

Section 17

Staff.

Section 18

Powers of the Standing Committee.

Section 19

Corporation's power to promote measures for health, etc., of insured persons.

Section 20

Meetings of Corporation, Standing Committee and Medical Benefit Council.

Section 21

Supersession of the Corporation and Standing Committee.

Section 22

Duties of Medical Benefit Council.

Section 23

Duties of Director General and the Financial Commissioner.

Section 24

Acts of Corporation, etc., not invalid by reason of defect in constitution, etc.

Section 25

Regional Boards, Local Committees, Regional and Local Medical Benefit Councils.

FINANCE AND AUDIT

Section 26 to Section 37

Section 26

Employees' State Insurance Fund.

Section 27

[Omitted.].

Section 28

Purposes for which the Fund may be expended.

Section 28A

Administrative expenses.

Section 29

Holding of property, etc.

Section 30

Vesting of the property in the Corporation.

Section 31

Section 32

Section 33

Section 34

Section 35

Section 36

Budget, audited accounts and the annual report to be placed before Parliament.

Section 37

Valuation of assets and liabilities.

CONTRIBUTIONS

Section 38 to Section 45I

Section 38

All employees to be insured.

Section 39

Contributions.

Section 40

Principal employer to pay contributions in the first instance.

Section 41

Recovery of contribution from immediate employer.

Section 42

General provisions as to payment of contribution.

Section 43

Method of payment of contributions.

Section 44

Employers to furnish returns and maintain registers in certain cases.

Section 45

Social Security Officers, their functions and duties.

Section 45A

Determination of contributions in certain cases.

Section 45AA

Appellate authority.

Section 45B

Recovery of contributions.

Section 45C

Issue of certificate to the Recovery Officer.

Section 45D

Recovery officer to whom certificate is to be forwarded.

Section 45E

Validity of certificate and amendment thereof.

Section 45F

Stay of proceedings under certificate and amendment or withdrawal thereof.

Section 45G

Other modes of recovery.

Section 45H

Application of certain provisions of the Income-tax Act.

Section 45I

Definitions.

BENEFITS

Section 46 to Section 59B

Section 46

Section 47

Section 48

Section 49

Section 50

Section 51

Section 51A

Presumption as to accident arising in course of employment.

Section 51B

Accidents happening while acting in breach of regulations, etc.

Section 51C

Accidents happening while travelling in employer's transport.

Section 51D

Accidents happening while meeting emergency.

Section 51E

Accidents happening while commuting to the place of work and vice versa.

Section 52

Dependant's benefit.

Section 52A

Occupational disease.

Section 53

Bar against receiving or recovery of compensation or damages under any other law.

Section 54

Determination of question of disablement.

Section 54A

References to medical boards and appeals to medical appeal tribunals and Employees' Insurance Courts.

Section 55

Review of decisions by medical board or medical appeal tribunal.

Section 55A

Review of dependant's benefit.

Section 56

Medical benefit.

Section 57

Scale of medical benefit.

Section 58

Provision of medical treatment by State Government.

Section 59

Establishment and maintenance of hospitals, etc., by Corporation.

Section 59A

Provision of medical benefit by the Corporation in lieu of State Government.

Section 59B

Medical and para-medical education.

General

Section 60 to Section 73

Section 60

Benefit not assignable or attachable.

Section 61

Bar of benefits under other enactments.

Section 62

Persons not to commute cash benefits.

Section 63

Persons not entitled to receive benefit in certain cases.

Section 64

Recipients of sickness or disablement benefit to observe conditions.

Section 65

Benefits not to be combined.

Section 66

[Omitted.].

Section 67

[Omitted.].

Section 68

Corporation's rights where a principal employer fails or neglects to pay any contribution.

Section 69

Liability of owner or occupier of factories, etc., for excessive sickness benefit.

Section 70

Repayment of benefit improperly received.

Section 71

Benefit payable up to and including day of death.

Section 72

Employer not to reduce wages, etc.

Section 73

Employer not to dismiss or punish employee during period of sickness, etc.

SCHEME FOR OTHER BENEFICIARIES

Section 73A to Section 73F

Section 73A

Definitions.

Section 73B

Power to frame Schemes.

Section 73C

Collection of user charges.

Section 73D

Scheme for other beneficiaries.

Section 73E

Power to amend Scheme.

Section 73F

Laying of Scheme framed under this Chapter.

ADJUDICATION OF DISPUTE AND CLAIMS

Section 74 to Section 83

Section 74

Constitution of Employees' Insurance Court.

Section 75

Matters to be decided by Employees' Insurance Court.

Section 76

Institution of proceedings, etc.

Section 77

Commencement of proceedings.

Section 78

Powers of Employees' Insurance Court.

Section 79

Appearance by legal practitioners, etc.

Section 80

[Omitted.].

Section 81

Reference to High Court.

Section 82

Appeal.

Section 83

Stay of payment pending appeal.

PENALTIES

Section 84 to Section 86A

Section 84

Punishment for false statement.

Section 85

Punishment for failure to pay contributions, etc.

Section 85A

Enhanced punishment in certain cases after previous conviction.

Section 85B

Power to recover damages.

Section 85C

Power of Court to make orders.

Section 86

Prosecutions.

Section 86A

Offences by companies.

MISCELLANEOUS

Section 87 to Section 100

Section 87

Exemption of a factory or establishment or class of factories or establishments.

Section 88

Exemption of persons or class of persons.

Section 89

Corporation to make representation.

Section 90

Exemption of factories or establishments belonging to Government or any local authority.

Section 91

Exemption from one or more provisions of the Act.

Section 91A

Exemptions to be either prospective or retrospective.

Section 91AA

Central Government to be appropriate Government.

Section 91B

Misuse of benefits.

Section 91C

Writing off of losses.

Section 92

Power of Central Government to give directions.

Section 93

Corporation officers and servants to be public servants.

Section 93A

Liability in case of transfer of establishment.

Section 94

Contributions, etc., due to Corporation to have priority over other debts.

Section 94A

Delegation of powers.

Section 95

Power of Central Government to make rules.

Section 96

Power of State Government to make rules.

Section 97

Power of Corporation to make regulations.

Section 98

Omitted.

Section 99

Medical care for the families of insured persons.

Section 99A

Power to remove difficulties.

Section 100

Repeals and savings.