EMPLOYEE STATE INSURANCE ACT
1948
Preliminary
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
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