Employee State Insurance Act

Preliminary


Section 2: Definitions

In this Act, unless there is anything repugnant in the subject or context;
(1) "appropriate Government" means, in respect of establishments under the control of the Central Government or [a railway administration] or a major port or a mine or oilfield, the Central Government, and in all other cases, the [State] Government;
(2) [* * *]IS
(3) "confinement" means labour resulting in the issue of a living child, or labour after twenty-six weeks of pregnancy resulting in the issue of a child whether alive or dead;
(4) "contribution" means the sum of money payable to the corporation by the principal employer in respect of an employee and includes any amount payable by or on behalf of the employee in accordance with the provisions of this Act
(5) [* * *]
(6) "Corporation" means the Employees State Insurance Corporation set up under this Act;
(6-A) "dependant" means any of the following relatives of a deceased insured person, namely:
(i) a widow, a legitimate or adopted son who has not attained the age of twenty five years, an unmarried legitimate or adopted [daughter]
[(i-a) a widowed mother;]
(ii) If wholly dependant on the earnings of the insured person at the time of his death, a legitimate or adopted son or daughter who has attained the age of twenty five years and is infirm;
(iii) if wholly or in part dependant on the earnings of the insured person at the time of his death;
(a) a parent other than a widowed mother,
(b) ~~ minor illegitimate son, an unmarried illegitimate daughter or a daughter legitimate or adopted or illegitimate if married and a minor or if widowed and a minor,
(c) a minor brother or an unmarried sister or a widowed sister if a
minor,
(d) a widowed daughter-in-law,
(e) a minor child of a pre-deceased son,
(f) a minor child of a pre-deceased daughter where no parent of the child is alive, or
(g) a paternal grandparent if no parent of the insured person is alive;]
(7) "duly appointed" means appointed in accordance with the provisions of this Act or with the rules or regulations made thereunder ;
[(8) "employment injury" means a personal injury to an employee caused by accident or an occupational disease arising out of and in the course of his employment, being an insurable employment, whether the accident occurs or the occupational disease is contracted within or outside the territorial limits of India;)
(9) "employee" means any person employed for wages in or in connection with the work of a factory or establishment to which this Act applies and-
(i) who is directly employed by the principal employer on any work of, or incidental or preliminary to or connected with the work of, the factory or establishment, whether such work is done by the employee in the factory or establishment or elsewhere; or
(ii) who is employed by or through an immediate employer on the premises of the factory or establishment or under the supervision of the principal employer or his agent on work which is ordinarily part of the work of the factory or establishment or which is preliminary to the work carried on in or incidental to the purpose of the factory or establishment; or
(iii) whose services are temporarily lent or let on hire to the principal employer by the person with whom the person whose services are so lent or let on hire has entered into a contract of service;
[and includes any person employed for wages on any work connected with the administration of the factory or establishment or any part, department or branch thereof or with the purchase of raw materials for, or the distribution or sale of the products of, the factory or establishment
(or any person engaged as an apprentice, not being an apprentice engaged under the Apprentices Act, 1961 (52 of 1961), and includes such person engaged as apprentice whose training period is extended to any length of time; but does not include-]]
(a) any member of
[the Indian] naval, military or air forces; or
[(b) any person so employed whose wages (excluding remuneration for overtime work) exceed [such wages as may be prescribed by the Central Government] a month:
Provided that an employee whose wages excluding remuneration for overtime work) exceed [such wages as may be prescribed by the Central Government] a month at any time after (and not before) the beginning of the contribution period, shah continue to be an employee until the end of that period;]
(10) "exempted employee" means an employee who is not liable under this Act to pay the employees contribution ;
(11) "family" means all or any of the following relatives of an insured person, namely:
(i) a spouse;
(ii) a minor legitimate or adopted child dependent upon the insured person;
(iii) a child who is wholly dependent on the earnings of the insured person and who is
(a) receiving education, till he or she attains the age of twenty-one years,
(b) an unmarried daughter;
(iv) a child who is infirm by reason of any physical or mental abnormality or injury and is wholly dependent on the earnings of the insured person, so long as the infirmity continues;
(v) dependent parents, whose income from all sources does not exceed Rs. 5000 (Rs. five thousand) in a month;
(vi) in case the insured person is unmarried and his or her parents are not alive, a minor brother or sister wholly dependant on the earnings of the insured person.
[(12) "factory" means any premises including the precincts thereof where on ten or more persons are employed or were employed on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on, but does not include a mine subject to the operation of the Mines Act, 1952 (35 of 1952) or a railway running shed;]
(13) "immediate employer", in relation to employees employed by or through him, means a person who has undertaken the execution, on the premises of a factory or an establishment to which this Act applies or under the supervision of the principal employer or .his agent, of the whole or any part of any work which is ordinarily part of the work of the factory or establishment of the principal employer or is preliminary to the work carried on in, or incidental to the purpose of, any such factory or establishment, and includes a person by whom the services of an employee who has entered into a contract of service with him are temporarily lent or let on hire to the principal employer [and includes a contractor);
[(13-A) "insurable employment" means an employment in a factory or establishment to which this Act applies;]
(14) "insured person" means a person who is or was an employee in respect of whom contributions are or were payable under this Act and who is, by reason thereof, entitled to any of the benefits provided by this Act;
[(14-A) "managing agent" means any person appointed or acting as the representative of another person for the purpose of carrying on such other persons trade or business, but does not include an individual manager subordinate to an employer;]
(14-AA) "manufacturing process" shall, have the meaning assigned to it in the Factories Act, I948 (63 of 1948);]
[(14-B) "miscarriage" means expulsion of the contents of a pregnant uterus at any period prior to or during the twenty-sixth week of pregnancy but does not include any miscarriage, the causing of which is punishable under the Indian Penal Code (45 of 188)]
(IS) "occupier" of the factory shall have the meaning assigned to it in the Factories Act, [ 1948]34 (63 of 1948);
[(15-A) "permanent partial disablement" means such disablement of a permanent nature, as reduces the earning capacity of an employee in every employment which he was capable of undertaking at the time of the accident resulting in the disablement:
Provided that every injury specified in Part II of the Second Schedule shall be deemed to result in permanent partial disablement;)
[(15-B) "permanent tot
Related Keywords
ESI (Employee State Insurance) 

Related Documents
The Second Schedule -   Section 2(15-A) & (15-B) : List Of Injuries Deemed To Result In Permanent Total Disablement