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EMPLOYEE STATE INSURANCE ACT, 1948

Related Legislation: - ESI (Central) Rules, 1950 - ESI (General Provident Fund) Rules, 1950 - ESI (General) Regulations, 1950

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Preliminary

1. Short title, extent, commencement and application
2. Definitions
2-A. Registration of Factories and Establishments

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 the Corporation
6. Eligibility for renomination 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. Super session 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

Finance and Audit

26. Employees' State Insurance Fund
27. Grant by the Central Government
28. Purposes for which the Fund may be expended
28-A. 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

Contributions

38. All employees to be insured
39. Contributions
40. Principal employer to pay contributions 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. Social Security Officers, their functions and duties
45-A. Determination of contributions in certain cases
45-AA. Appellate Authority
45-B. Recovery of contributions
45-C. Issue of certificate to the Recovery Officer
45-D. Recovery Officer to whom certificate is to be forwarded
45-E. Validity of certificate and amendment thereof
45-F. Stay of proceedings under certificate and amendment or withdrawal thereof
45-G. Other modes of recovery
45-H. Application of certain provisions of the Income Tax Act.
45-I. Definitions

Benefits

46. Benefits
47. [* * * ]
48. When person deemed available for employment
49. Sickness benefit
50. Maternity benefit
51. Disablement benefit
51-A. Presumption as to accident arising in course of employment
51-B. Accidents happening while acting in breach of regulations, etc.
51-C. Accidents happening while travelling in employers transport
51-D. Accidents happening while meeting emergency
51-E. Accidents happening while commuting to the place of work and vice versa
52. Dependant's benefit
52-A. Occupational disease
53. Bar against receiving or recovery of compensation or damages under any other law
54. Determination of question of disablement
54-A. References to medical board and appeals to medical appeal tribunal and Employees' Insurance Courts
55. Review of decisions by medical board or medical appeal tribunal
55-A. 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
59-A. Provision of medical benefit by the Corporation in lieu of State Government
59-B. Medical and Paramedical 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 be indemnified in certain cases
67. Corporation's right to be recover damages from employer in certain cases
68. Corporation's rights where a principal employer fails or neglects to pay any contribution
69. Liability of owner of 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.

Transitory Provisions

73-A. Employer's special contributions
73-B. Special tribunals for decision of disputes or questions under this Chapter where there is no Employee
73-C. Benefits under Chapter V to depend upon employees' contribution
73-D. Mode of recovery of employer's special contribution
73-E. Power to call for additional information or return
73-F. Power to exempt to be exercised by Central Government alone in respect of employer's special contributions
73-G. Application of certain provisions of this Act to employer's special contribution
73-H. Omitted
73-I. Duration of Chapter V-A

Adjudication of dispute and claims

74. Constitution of Employees' Insurance Court
75. Matters to be decided by Employees' Insurance Court
76. Institution proceedings etc
77. Commencement of proceedings
78. Powers of Employees' 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

Penalties

84. Punishment for false statement
85. Punishment for failure to pay contributions, etc.
85-A. Enhanced punishment in certain cases after previous conviction
85-B. Power to recover damages
85-C. Power of court to make orders
86. Prosecutions
86-A. Offences by companies

Miscellaneous

87. Exemption of a factory or establishment or class or factories or establishments.
88. Exemption of persons or class or 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.
91-A. Exemptions to be either prospective or retrospective
91-AA. Central Government to be Appropriate Government
91-B. Misuse of benefits
91-C. Writing off of losses
92. Power of Central Government to give directions
93. Corporation officers and servants to be public servants
93-A. Liability in case of transfer of establishment
94. Contributions etc, due to Corporation to have priority over other debts.
94-A. 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 State
99. Medical care for the families of insured persons
99-A. Power to remove difficulties
100. Repeals and savings