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The Employees' State Insurance Act, 1948
Act ID: 1948
The Employees' State Insurance Act, 1948
"An Act to provide for health insurance of certain employees."
Table of Contents
137 Sections
Ch. IP
reliminary
S.1
Short title, extent, commencement and application.
S.2
Definitions
S.2A
Registration of factories and establishments
Ch. IICo
rporation, Standing Committee and Medical Benefit Council
S.3
Establishment of Employees State Insurance Corporation.
S.4
Constitution of Corporation
S.5
Term of office of members of Corporation.
S.6
Eligibility for re-nomination or re-election
S.7
Authentication of orders, decisions, etc
S.8
Constitution of Standing Committee
S.9
Term of office of members of Standing Committee.
S.10
Medical Benefit Council.
S.11
Resignation of membership
S.12
Cessation of membership.
S.13
Disqualification
S.14
Filling of vacancies.
S.15
Fees and allowances
S.16
Principal Officers.
S.17
Staff.
S.18
Powers of the Standing Committee.
S.19
Corporation's power to promote measures for health, etc., of insured persons
S.20
Meetings of Corporation, Standing Committee and Medical Benefit Council
S.21
Supersession of the Corporation and Standing Committee.
S.22
Duties of Medical Benefit Council
S.23
Duties of Director General and the Financial Commissioner
S.24
Acts of Corporation, etc., not invalid by reason of defect in constitution, etc
S.25
Regional Boards, Local Committees, Regional and Local Medical Benefit Councils
Ch. IIIF
inance and Audit
S.26
Employees State Insurance Fund.
S.27
Grant by the Central Government.
S.28
Purposes for which the Fund may be expended
S.28A
Administrative expenses
S.29
Holding of property, etc.
S.30
Vesting of the property in the Corporation
S.31
Expenditure by Central Government to be treated as a loan.
S.32
Budget estimates
S.33
Accounts
S.34
Audit.
S.35
Annual Report
S.36
Budget, audited accounts and the annual report to be placed before Parliament
S.37
Valuation of assets and liabilities
Ch. IVCo
ntributions
S.38
All employees to be insured
S.39
Contributions.
S.40
Principal employer to pay contribution in the first instance.
S.41
Recovery of contribution from immediate employer.
S.42
General provisions as to payment of contributions.
S.43
Method of payment of contribution
S.44
Employers to furnish returns and maintain registers in certain cases.
S.45
Social Security Officers, their functions and duties.
S.45A
Determination of contributions in certain cases.
S.45B
Recovery of contributions
S.45C
Issue of certificate to the Recovery Officer.
S.45D
Recovery Officer to whom certificate is to be forwarded.
S.45E
Validity of certificate and amendment thereof.
S.45F
Stay of proceedings under certificate and amendment or withdrawal thereof.
S.45G
Other modes of recovery.
S.45H
Application of certain provisions of the Income-tax Act
S.45I
Definitions
Ch. VB
enefits
S.46
Benefits.
S.47
When person eligible for sickness benefit.
S.48
When person deemed available for employment.
S.49
Sickness benefit
S.50
Maternity benefit
S.51
Disablement benefit
S.51A
Presumption as to accident arising in course of employment
S.51B
Accidents happening while acting in breach of regulations, etc
S.51C
Accidents happening while travelling in employer's transport.
S.51D
Accidents happening while meeting emergency.
S.51E
Accidents happening while commuting to the place of work and vice versa
S.52
Dependant's benefit.
S.52A
Occupational disease.
S.53
Bar against receiving or recovery of compensation or damages under any other law
S.54
Determination of question of disablement
S.54A
References to medical boards and appeals to medical appeal tribunals and Employees Insurance Courts.
S.55
Review of decisions by medical board or medical appeal tribunal.
S.55A
Review of dependants benefit.
S.56
Medical benefit.
S.57
Scale of medical benefit.
S.58
Provision of medical treatment by State Government.
S.59
Establishment and maintenance of hospitals, etc., by Corporation.
S.59A
Provision of medical benefit by the Corporation in lieu of State Government.
S.59B
Medical and para-medical education
S.60
Benefit not assignable or attachable.
S.61
Bar of benefits under other enactments
S.62
Persons not to commute cash benefits
S.63
Persons not entitled to receive benefit in certain cases
S.64
Recipients of sickness or disablement benefit to observe conditions
S.65
Benefits not to be combined.
S.66
Corporations right to recover damages from employer in certain cases
S.67
Corporations right to be indemnified in certain cases
S.68
Corporations rights where a principal employer fails or neglects to pay any contribution.
S.69
Liability of owner or occupier of factories, etc., for excessive sickness benefit.
S.70
Repayment of benefit improperly received.
S.71
Benefit payable up to and including day of death
S.72
Employer not to reduce wages, etc
S.73
Employer not to dismiss or punish employee during period of sickness, etc.
Ch. VA
Scheme for other Beneficiaries
S.73A
Definitions
S.73B
Power to frame Schemes
S.73C
Collection of user charges
S.73D
Scheme for other beneficiaries
S.73E
Power to amend Scheme
S.73F
Laying of Scheme framed under this Chapter
Ch. VIA
djudication of Dispute and Claims
S.74
Constitution of Employees Insurance Court.
S.75
Matters to be decided by Employees' Insurance Court.
S.76
Institution of proceedings, etc.
S.77
Commencement of proceedings.
S.78
Powers of Employees' Insurance Court.
S.79
Appearance by legal practitioners, etc
S.80
Benefit not admissible unless claimed in time
S.81
Reference to High Court.
S.82
Appeal.
S.83
Stay of payment pending appeal
Ch. VIIP
enalties
S.84
Punishment for false statement
S.85
Punishment for failure to pay contributions, etc
S.85A
Enhanced punishment in certain cases after previous conviction
S.85B
Power to recover damages.
S.85C
Power of Court to make orders.
S.86
Prosecutions.
S.86A
Offences by companies.
Ch. VIIIMis
cellaneous
S.87
Exemption of a factory or establishment or class of factories or establishments
S.88
Exemption of persons or class of persons
S.89
Corporation to make representation
S.90
Exemption of factories or establishments belonging to Government or any local authority
S.91
Exemption from one or more provisions of the Act
S.91A
Exemptions to be either prospective or retrospective
S.91B
Misuse of benefits
S.91C
Writing off of losses
S.92
Power of Central Government to give directions.
S.93
Corporation officers and servants to be public servants
S.93A
Liability in case of transfer of establishment
S.94
Contributions, etc., due to Corporation to have priority over other debts
S.94A
Delegation of powers
S.95
Power of Central Government to make rules.
S.96
Power of State Government to make rules.
S.97
Power of Corporation to make regulations.
S.98
Corporation may undertake duties in Part B States.
S.99
Medical care for the families of insured persons
S.99A
Power to remove difficulties.
S.100
Repeals and savings