15000 w.e.f 01-05-2010 G.S.R. Section 45G in The Employees' State Insurance Act, 1948. discharged from his liability to the principal or immediate employer to the
EMPLOYEES' STATE INSURANCE ACT, 1948. w w w . the date of the notice shall be void as against any demand contained in the
Such non- compliance with any of the provisions of the Act constitutes an offence committed by the employer of a covered Factory / Establishment which is punishable under Section … All female insurable employees can avail maternity benefits under the Act in … Section 53 in The Employees' State Insurance Act, 1948. Benefits under the scheme have also been extended to apprentices and trainees employed under Apprentice Act and Standing Order Act. The following items are taken into account for computation of wages for pay... >> What are the records to be maintained for ESI purpose? 2.6 Section 45F - Stay of proceedings undercertificate and amendment or withdrawal thereof 6 2.7 Section 45G - Other modes of Recovery 7 2.8 Section 45H - Application of certain provisions of the Income Tax Act 10 2.9 Section 45I - Definition:- For the purpose of Sections 45C to 45H 10 2.10 Section 39(5)(b) read with Regulation 31B of ESI (General) provided in this section. The amended Act covers all factories, which employ 10 or more persons irrespective of the fact whether the manufacturing process is being carried out with the aid of the power or without the aid of the power. (3) Where the order giving rise to a demand of amount for which a certificate for recovery has been issued has been modified in appeal or other proceedings under this Act, and, as a consequence thereof, the demand is reduced but the order is the subject-matter of a further proceeding under this Act, the authorised officer shall stay the recovery of such part of the amount of the certificate as pertains to the said reduction for the period for which the appeal or other proceeding remains pending. As per section 2(12) of the ESI act, all factories where 10 or more persons are employed must be registered under the ESI act. (5) The principal employer shall bear the expenses of remitting the contributions to the Corporation. to any part of the amount exempt from attachment in execution of a decree of a
(x) If the person to whom a notice under this
Bar against receiving or recovery of compensation or damages under any other law. 15,000 with effect from 1 st May 2010. (iii) A copy of the notice shall be forwarded to the principal or immediate employer at his last address known to the Director General or, as the case may be, the officer so authorised and in the case of a joint account to all the joint-holders at their last addresses known to the Director General or the officer so authorised. MANNER AND TIME LIMIT FOR MAKING PAYMENT OF CONTRIBUTION: EPFO Launched new Grievance Management Portal, Enhanced the cash benefit payable to the family of EPF subscribers on their death in service from present maximum of rs.60,000 to rs.1.00 lakh. (1) Notwithstanding the issue of a certificate to the Recovery
(x) If the person to whom a notice under this sub-section is sent fails to make payment in pursuance thereof to the Director General or the officer so authorised, he shall be deemed to be a principal or immediate employer in default in respect of the amount specified in the notice and further proceedings may be taken against him for the realisation of the amount as if it were an arrear due from him, in the manner provided in sections 45C to 45F and the notice shall have the same effect is an attachment of a debt by the Recovery Officer in exercise of his powers under section 45C. 10000 TO Rs. (3) It shall come into force on such date or dates3* as the Central Government may, by notification in the Official Gazette, appoint, and different dates 3* may be appointed for different 1[53. 1. The Commissioner shall dispose compensation cases within a time period of 3 months. 1258(E) vide Ministry of Labour & Employment dated 31st May 2010. (ix) Any person discharging any liability to
45G. 523(e), dated the 18th june, 2010. (2) It extends to the whole of India 2***. The appropriate Government is empowered to extend the provisions of ESIC Act 1948 to any other establishment or class of establishments, industrial, commercial, agricultural or otherwise after giving one month’s notice of its intention of doing so by notification in Official Gazette instead of notice period of six months. Short title and extent. (1) This Scheme may be called the Employees’ Provident Funds (Amendment) Scheme, 2011. (3) (i) The Director General or any other officer authorised by the Corporation in this behalf may, at any time or from time to time, by notice in writing, require any person from whom money is due or may become due to the factory or establishment or, as the case may be, the principal or immediate employer or any person who holds or may subsequently hold money for or on account of the factory or establishment or, as the case may be, the principal or immediate employer, to pay to the Director General either forthwith upon the money becoming due or being held or at or within the time specified in the notice (not being before the money becomes due or is held) so much of the money as is sufficient to pay the amount due from the factory or establishment or, as the case may be, the principal or immediate employer in respect of arrears or the whole of the money when it is equal to or less than that amount. money belonging to the principal or immediate employer for payment to him of
(4) The contributions payable in respect of each wage period shall ordinarily fall due on the last day of the wage period , and where an employee is employed for part of the wage period or is employed under two or more employers during the same wage period , the contributions shall fall due on such days as may be specified in the regulations. (iii) A copy of the notice shall be forwarded
(2) Contribution (both the employer's contribution and the employee's contribution) shall be payable by the principal employer for each wage period in respect of the whole or part of which wages are payable to the employee and not otherwise. relation to which a notice under this sub-section has been issued arising after
In the earlier Act the benefit was applicable only on attaining the age of superannuation. (1) Notwithstanding that a certificate has been issued to the Recovery Officer for the recovery of any amount, the authorised officer may grant time, for the payment of the amount, and thereupon the Recovery Officer shall stay the proceedings until the expiry of the time so granted. 131 [45G. CONTRIBUTION OF ALLOWANCES Whether the allowances paid to the employees are subject to E. S1 . Corporation in this behalf may apply to the court in whose custody there is
15000 w.e.f 01-05-2010, Enhancement of wage ceiling of a workman from Rs. (1) Where in respect of a factory or establishment no returns, particulars, registers or records are submitted, furnished or maintained in accordance with the provisions of section 44 or any Inspector or other official of the Corporation referred to in sub-section (2) of section 45 is prevented in any manner by the principal or immediate employer or any other person, in exercising his functions or discharging his duties under section 45, the Corporation may, on the basis of information available to it, by order, determine the amount of contributions payable in respect of the employees of that factory or establishment : PROVIDED that no such order shall be passed by the Corporation unless the principal or immediate employer or the person in charge of the factory or establishment has been given a reasonable opportunity of being heard. (4) Any sum deducted by the principal employer from wages under this Act shall be deemed to have been entrusted to him by the employee for the purpose of paying the contribution in respect of which it was deducted. book, deposit receipt, policy or any other document to be produced for the
Employee State Insurance Act 1948 Multiple Choice Questions and Answers for competitive exams. sub-section is sent fails to make payment in pursuance thereof to the Director
(2) Any Inspector appointed by the Corporation under sub-section (1) (hereinafter referred to as Inspector), or other official of the Corporation authorised in this behalf by it may, for the purposes of enquiring into the correctness of any of the particulars stated in any return referred to in section 44 or for the purpose of ascertaining whether any of the provisions of this Act has been complied with--, (a) require any principal or immediate employer to furnish to him such information as he may consider necessary for the purposes of this Act; or, (b) at any reasonable time enter any office, establishment, factory or other premises occupied by such principal or immediate employer and require any person found in charge thereof to produce to such Inspector or other official and allow him to examine such accounts, books and other documents relating to the employment of persons and payment of wages or to furnish to him such information as he may consider necessary; or. the principal or immediate employer under this Act and such person shall comply
POSITION OF AN APPRENTICE UNDER ESI Whether apprentices engaged in a factory are liable to be covered under E.S.I.? Proceedings would not stand vitiated on account of absence of notice.--. ESIC (Employee State Insurance Corporation) strictly regulates and administer this ESI scheme as per the bylaws given in the ESI Act of 1948. Dependent parents as per definition of “family” has been substituted so as to include; The definition of Factory under Section 2(12) has been amended to expand coverage of smaller factories. (3) The wage period in relation to an employee shall be the unit in respect of which all contributions shall be payable under this Act. to comply with such notice, and, in particular, where any such notice is issued
the Corporation in this behalf may, at anytime or from time to time, by notice
The Employee State Insurance Act, [ESIC] 1948, is a piece of social welfare legislation enacted primarily with the object of providing certain benefits to employees in case of sickness, maternity and employment injury and also to make provision for certain others matters incidental thereto. Contribution deduction? 10,000 to Rs. (vi) Where a person to whom a notice under this sub-section is sent objects to it by a statement on oath that the sum demanded or any part thereof is not due to the principal or immediate employer or that he does not hold any money for or on account of the principal or immediate employer, then, nothing contained in this sub-section shall be deemed to require such person to pay any such sum or part thereof, as the case may be, but if it is discovered that such statement was false in any material particular, such person shall be personally liable to the Director General or the officer so authorised to the extent of his own liability to the principal or immediate employer on the date of the notice, or to the extent of the principal or immediate employer's liability for any sum due under this Act, whichever is less. Section No. The scheme envisaged by it is one of compulsory State Insurance providing for certain benefits in the event of sickness, maternity and employment injury to workmen employed in or in connection with the work in factories other than seasonal factories. 34 of Year 1948, dated 19th. Contribution which the management is liable to make under s. 39 has to be made by the management on its own accord for the fact that payment is not conditional on any demand by the ESI Corporation.--, There can be the making of a demand for remitting contribution for a period that is prior to the date of insurance.--. All penal provisions under the ESIAct generally aim to make employers accountable. (1) The principal employer shall pay in respect of every employee, whether directly employed by him or by or through an immediate employer, both the employer's contribution and the employee's contribution. For the purposes of sections 45C to 45H : (a) "authorised officer" means the Director General, Insurance Commissioner, Joint Insurance Commissioner, Regional Director or such other officer as may be authorised by the Central Government, by notification in the Official Gazette; (b) "recovery officer" means any officer of the Central Government, State Government or the Corporation, who may be authorised by the Central Government, by notification in the Official Gazette, to exercise the powers of a recovery officer under this Act. (3) Notwithstanding any contract to the contrary, neither the principal employer nor the immediate employer shall be entitled to deduct the employer's contribution from any wages payable to an employee or otherwise to recover it from him. to the principal or immediate employer at his last address known to the Director
This is an exciting prospect from both an employee’s and a legal perspective as the beginning of a formal social security program in India. It is an combined measure of employees social Insurance and task of protecting interest of employees. (4) Where a certificate for the recovery of amount has been issued and subsequently the amount of the outstanding demand is reduced as a result of an appeal or other proceeding under this Act, the authorised officer shall, when the order which was the subject-matter of such appeal or other proceeding has become final and conclusive, amend the certificate or withdraw it, as the case may be. Un-Skilled: Rs. or his movable property in the manner laid down in the Third Schedule to the
History. (a) the manner and time of payment of contributions; (b) the payment of contributions by means of adhesive or other stamps affixed to or impressed upon books, cards or otherwise and regulating the manner, times and conditions in, at and under which, such stamps are to be affixed or impressed; (bb) the date by which evidence of contributions having been paid is to be received by the Corporation; (c) the entry in or upon books or cards of particulars of contributions paid and benefits distributed in the case of the insured persons to whom such books or cards relate; and. Short title, extent, commencement and application. Director General or the officer so authorized. Employees State Insurance Act, 1948 | Employee's State Insurance Corporation, Ministry of Labour & Employment, Government of India The compensation payable on Permanent Total Disablement from the injury, is (i) minimum of Rs.90000 is increased to Rs.140000 or (ii) 60% of the monthly wages of deceased multiplied by the relevant factor. 45 115 [Social Security Officers], their functions and duties. EMPLOYEES’ STATE INSURANCE ACT, 1948 [Act No. It is 50% of Rs.8000/-. account of the factory or establishment or, as the case may be, the principal
by the Corporation may recover the amount by any one or more of the modes
(4) The Director General or the officer authorized by the
It basically provides for payment of benefits to workers in cases of sickness, maternity, injury, etc. authorized may, at any time or from time to time, amend or revoke any notice
The compensation payable on death from the injury, is (i) minimum of Rs.80000 is increased to Rs.120000 or (ii) 50% of the monthly wages of deceased multiplied by the relevant factor. (v) Any claim respecting any property in relation to which a notice under this sub-section has been issued arising after the date of the notice shall be void as against any demand contained in the notice. Other modes of recovery. (1) The Corporation may appoint such persons as 115 [Social Security Officers], as it thinks fit, for the purposes of this Act, within such local limits as it may assign to them. in writing, require any person from whom money is due or may become due to the
3 [***]]. L a w y e r S e r v i c e s . Definition of “dependents” as contained in clause 6A of section 2 of the Act has been extended to enlarge the number of beneficiaries under the act such as: A widow, a legitimate or adopted son below the age of 25 years and an unmarried legitimate or adopted daughter. (viii) The Director General or the officer so authorised shall grant a receipt for any amount paid in compliance with a notice issued under this sub-section and the person so paying shall be fully discharged from his liability to the principal or immediate employer to the extent of the amount so paid. As per provisions of section 45A of ESI Act, the ESIC authorities are empowered to determine the ESI Contributions, payable in respect of employees of any factory or … whichever is less. Insurance Act, 1948 (XXXIV of 1948), the Employees’ State Insurance Corporation is pleased to make the following regulations, the same having been previously published as required by sub-section (1) of the said section, namely — THE EMPLOYEES’ STATE INSURANCE (GENERAL) REGULATIONS, 1950 CHAPTER I PRELIMINARY 1. Maternity benefit. Section … ... in contravention of section 73 or any regulation dismisses, discharges, reduces or otherwise punishes an employee, or. (2) The authorised officer may issue a certificate under sub-section (1) notwithstanding that proceedings for recovery of the arrears by any other mode have been taken. The following provisions describe various offenses under the Act and relevant punishments for them. Section – 85: This section deals with penalties for non – compliance with the various provisions of the ESI Act and Regulations made there under. retrospective grant of exemption from the provision of the Act; Download ESI (Amendment) Act 2010; ESIC ONLINE PORTAL: ESIC Launched New Online Portal for Submitting Application and Returns; ESI WAGE CEILING: ESI WAGE CEILING ENHANCED FROM Rs. (2) The contributions shall be paid at such rates as may be prescribed by the Central Government : PROVIDED that the rates so prescribed shall not be more than the rates which were in force immediately before the commencement of the Employees' State Insurance (Amendment) Act, 1989. 2 [the whole of India . A new section 51-E has been added for this purpose. such account shall be presumed, until the contrary is proved, to be equal. This is because the failure of employers to carry out their obligations directly affects their employees. This amendment is notified vide Central Government Notification No. The E. S.I. 34 of Year 1948, dated 19th. employer's liability for any sum due under this Act, whichever is less. 10000 TO Rs. (vi) Where a person to whom a notice under
The Employees* State Insurance Act (ESI Act) was enacted with the object of introducing a scheme of health insurance for industrial workers. as is sufficient to pay the amount due from the factory or establishment or, as
and for the purposes of this sub-section, the shares of the joint-holders in
to a post office, bank or an insurer, it shall not be necessary for any pass
any arrears of amount due from a factory or an establishment or, as the case
(3) An Inspector shall exercise such functions and perform such duties as may be authorised by the Corporation or as may be specified in the regulations. this sub-section is sent objects to it by a statement on oath that the sum
Act has been extended to shops by some of the Stales by invoking section 1(5) of the Act... >> How wages are computed for payment of contribution? (2) Where a factory or an establishment or the principal or immediate employer has property within the jurisdiction of more than one Recovery Officers and the Recovery Officer to whom a certificate is sent by the authorised officer--, (a) is not able to recover the entire amount by the sale of the property, movable or immovable, within his jurisdiction; or. The allowances h... >> What is the definition of a Factory for coverage under ESI? to require such person to pay any such sum or part thereof, as the case may be,
MATERNITY-BENEFITS (Section 50 of the ESI Act) ... CHAPTER II - COLLECTION OF CONTRIBUTIONS, ETC. WHEREAS it is expedient to consolidate and amend the law regulating labour in factories; It is hereby enacted as follows:— CHAPTER I PRELIMINARY 1. Section 45A gives the power to the Corporation so as to determine whether the employer is liable for contribution, similarly it is for the employer to raise that he does not have to pay any contribution and to make him taking the matter to the court.--, In case there is a failure on the part of the employer to produce the records Corporation has got the power to make assessment under s. 45A, recovery of which can be made under s. 45B of the Act. Employees’ State Insurance Act, 1948. Act ID: 194834: Act Number: 34: Enactment Date: 1948-04-19: Act Year: 1948: Short Title: The Employees State Insurance Act, 1948: Long Title: 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. If you enjoyed this post and wish to be informed whenever a new post is published, then make sure you subscribe to my regular Email Updates. (2) Notwithstanding the issue of a certificate to a Recovery Officer, the authorised officer shall have power to withdraw the certificate or correct any clerical or arithmetical mistake in the certificate by sending an intimation to the Recovery Officer. These short objective type questions with answers are very important for Board exams as well as competitive exams. Employees State Insurance Act, 1948 | Employee's State Insurance Corporation, Ministry of Labour & Employment, Government of India purpose of any entry, endorsement or the like being made before payment is made
(1) This Act may be called the Employees’ State Insurance Act, 1948. (3) It shall come into force on such date or dates as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act … is in arrears, the Director General or any other officer authorized by the
… Section 45 in The Employees' State Insurance Act, 1948. (vii) The Director General or the officer so
(1) A principal employer, who has paid contribution in respect of an employee employed by or through an immediate employer, shall be entitled to recover the amount of the contribution so paid (that is to say the employer's contribution as well as the employee's contribution, if any) from the immediate employer, either by deduction from any amount payable to him by the principal employer under any contract, or as a debt payable by the immediate employer. Proviso to sub section 3 of section 56 has been substituted to provide the same. (3) It shall come into force on such date or dates3 as the Central Government may, by notification in The Employee State Insurance Act, [ESIC] 1948, is a piece of social welfare legislation enacted primarily with the object of providing certain benefits to employees in case of sickness, maternity and employment injury and also to make provision for certain others matters incidental thereto. Act may be called the Employees' State Insurance Act, 1948. if so authorized by the Central Government by general or special order, recover
Section 91 A of the Act is amended to removing. Employees’ State Insurance Act, 1948 45G. (1) Every principal and immediate employer shall submit to the Corporation or to such officer of the Corporation as it may direct such returns in such form and containing such particulars relating to persons employed by him or to any factory or establishment in respect of which he is the principal or immediate employer as may be specified in regulations made in this behalf. Employees State Insurance Act, 1948 | Employee's State Insurance Corporation, Ministry of Labour & Employment, Government of India The age limit of the dependants has been enhanced from 18 to 25. Section … After three years of inactivity. Empower the Central Government to specify monthly wages for the purpose of compensation. but if it is discovered that such statement was false in any material
(1) Notwithstanding the issue of a certificate to the Recovery Officer under section 45C, the Director General or any other officer authorised by the Corporation may recover the amount by any one or more of the modes provided in this section. CHAPTER I - SHORT TITLE AND EXTENT & DEFINITIONS, CHAPTER VI- ADJUDICATION OF DISPUTES AND CLAIMS. 1[45C. Section 45G [ View Judgements] OTHER MODES OF RECOVERY (1) Notwithstanding the issue of a certificate to the Recovery Officer under section 45C-, the Director General or any other officer authorised by the Corporation may recover the amount by any one or more of the modes provided in this section. The appropriate government however is empowered to extend the provisions of the ESI Act to other class of establishments with appropriate notice. the officer so authorized to the extent of his own liability to the principal
Section 91 A of the Act is amended to removing. extent of the amount so paid. the Corporation: PROVIDED that nothing in this sub-section shall apply
(1) The Corporation may appoint such persons as Inspectors, as it thinks fit, for the purposes of this Act, within such local limits as it may assign to them. (v) Any claim respecting any property in
esic services will be available to these mobile and migratory workers with no geographical barrier. S.O. every person to whom a notice is issued under this sub-section shall be bound
Short title, extent, commencement and application.—(1) This Act may be called the Employees’ State Insurance Act, 1948. | THE ESIC ACT, 1948 © 2009. General or, as the case may be, the officer so authorized and in the case of a
These short solved questions or quizzes are provided by Gkseries. pm to Rs. or that he does not hold any money for or on account of the principal or
34 of Year 1948, dated 19th. 1. Download Emploee's Compensation (Amnd) Act, 2010, Download Emploee's Compensation Wage Limit Notification. Other modes of recovery (1) Notwithstanding the issue of a certificate to the Recovery Officer under section 45C, the Director General or any other officer authorized by the Corporation may recover the amount by any one or more of the modes provided in this section. notice issued under this sub-section and the person so paying shall be fully
may be, from the principal or immediate employer by distraint and sale of its
195 per day, Rs. issued to any person who holds or may subsequently hold any money for or on
Issue The sole question which arises for consideration in this appeal is whether the respondent, who is an employee of the appellant, can claim damages from the appellant on account of the injury suffered by him during the course of employment when he was already received the benefit under the provision of the Employees State Insurance Act 1948 (hereinafter referred to as the ‘ESI Act’. joint account to all the joint-holders at their last addresses known to the
Subject to the provisions of this Act, the Corporation may make regulations for any matter relating or incidental to the payment and collection of contributions payable under this Act and without prejudice to the generality of the foregoing power such regulations may provide for--. 155 per day, Rs. principal or immediate employer's liability for any sum due under this Act,
45C to 45F and the notice shall have the same effect as an attachment of a debt
(iv) Save as otherwise provided in this sub-section,
(1A) The immediate employer shall maintain register of employees employed by or through him as provided in the regulations and submit the same to the principal employer before the settlement of any amount payable under sub-section (1). (5)(a) If any contribution payable under this Act is not paid by the principal employer on the date on which such contribution has become due, he shall be liable to pay simple interest at the rate of twelve per cent per annum or at such higher rate as may be specified in the regulations till the date of its actual payment : PROVIDED that higher interest specified in the regulations shall not exceed the lending rate of interest charged by any scheduled bank. sub-section shall be personally liable to the Director General or the officer
Act ID: 194834: Act Number: 34: Enactment Date: 1948-04-19: Act Year: 1948: Short Title: The Employees State Insurance Act, 1948: Long Title: An Act to provide for certain benefits to employees in case of sickness, maternity and employment injury and … Other modes of recovery (1) Notwithstanding the issue of a certificate to the Recovery Officer under section 45C, the Director General or any other officer authorized by the Corporation may recover the amount by any one or … Accident occurring to an insured person while commuting from his residence to the place of employment and vice-a-versa shall be deemed to have arisen out of and in the course of employment for the purpose of benefit under the Act. the case may be, the principal or immediate employer in respect of arrears or
or immediate employer, to pay to the Director General either forthwith upon the
Any contribution payable under this Act may be recovered as an arrear of land revenue. (b) is of the opinion that, for the purpose of expediting or securing the recovery of the whole or any part of the amount, it is necessary so to do, he may send the certificate or, where only a part of the amount is to be recovered, a copy of the certificate certified in the manner prescribed by the Central Government and specifying the amount to be recovered to the Recovery Officer within whose jurisdiction the factory or establishment or the principal or immediate employer has property or the employer resides, and thereupon that Recovery Officer shall also proceed to recover the amount due under this section as if the certificate or the copy thereof had been the certificate sent to him by the authorised officer. To removing injury caused during course of Employment added for this purpose of the factory or or... 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