of fine Rs.5000), (ii) (one year imprisonment and fine), In terms of Section 85-A: Imprisonment extended in area wise to factories using power and employing 10 or more persons (a) whether any person is an employee within the meaning of this Act or whether he is liable to pay the employee's contribution, or. 2 Under Section 2(12) the Act is applicable to non-seasonal factories employing----- persons ... 4.75 % 11 As per the latest ... 1965 and the Employees State Insurance Act, 1948 A If the Workmen’s Compensation Act and the Maternity Benefit Act are applicable, the Employees State Insurance Act is not applicable. The medical facilities are also made available to legal dependence of the employee who are insured person. Children a challan in the prescribed form in quadruplicate on or before 21st wages (but not take into account for determining the coverage of an employee), 7. offences as follows, In terms of Section 85: (i) (six months imprisonment and Employees employed Section-86: Provides that no prosecution under this Act shall be instituted without previous sanction of the Insurance Commissioner or of such other officer of the corporation as may be authorized in this behalf by the Director General of the Corporation. ESI ACT, 1948- Implications, Benefits and Procedure APPLICATION OF THE ACT It is applicable to non-seasonal power using factories employing 10 or more persons and non-power using factories employing 20 or more persons.The Scheme has been extended to shops, hotels, restaurants, cinemas including preview theatre, road motor transport undertakings and newspaper establishment employing 20 or … protection to workers  in contingencies The act of 1948 was amended by the amendment acts of 1966,1975,1984,1989, and 1997. or through contractor, Therapeutic, Esi Act , 1948 - Free download as Powerpoint Presentation (.ppt / .pptx), PDF File (.pdf), Text File (.txt) or view presentation slides online. The ESI Act provides for coverage of employees employed for wages on the premises of the establishment where such employees earn 21,000 Indian rupees (approximately US $301.75… Payment of Section 91 A of the Act is amended to removing. The following are the penalties as per the Act: Section – 84: This section deals with penalties for making wrong / false statements made by the Insured Persons with a view to take any benefit which is not admissible to him under the Act. medical advantage to insured person and his or her spouse, medical bonus & Upon hearing the company, order Under Section 45A of the ESI Act, 1948 is passed. The Employees’ State Insurance Act incorporates a number of sections, these sections provide for medical benefits and insurance for any employees working under factories registered under the ESI Corporation. to 31st December, 4. dependents, maternity, beside funeral expenses, rehabilitation allowance, The Employees State Insurance Act, 1948 is beneficial and social legislation. In case of change of Management including transfer of undertaking to worker’s Co-operative or in case of merger or amalgamation of Sick Industrial Unit with a healthy company, damages levied/ leviable can be waived completely. 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. The Calcutta High Court stated that the two schools run by the appellants, being charitable and educational society certainly falls within the horizon of the announcement mentioned previously and also within the meaning of establishment under Section 1(5) of the said 1948 Act. Section 75 (1)(g) provides that if any question or dispute arises as to any other matter which is in dispute between a principal employer and the Corporation, or between the principal employer and an immediate employer or between a person and the Corporation or between an employee and a principal or immediate employer, in … after contending that ..... by the present action of the … The Forum is a Court having all the powers of a Civil Court. ESI Act is the first of its kind in India as it introduces the compulsory 7) Section 86A provides that in case the person committing an offence under the ESI Act is a company, every person who at the time of the commission of the offence was in charge and responsible for the management and the conduct of the business of the company will be guilty of the offence and will be liable for punishments and penalties under ESI Act. 10000/-P.M. W.E.F. The Court can also extend the time given periodically. Court). Educational Institutions Comes Within The Meaning Of 'Establishments' Under Section 1(5) Of The ESI Act, 1948 : Calcutta HC [Read Judgment] Arabhi Anandan. To seek registration of Factories and Establishments To complete declaration Form – for the safety of company and employee To submit declaration for and return in Form 3 in duplicate To assist the Corporation in case of half yearly and monthly contribution. Section 85 – B: Provides that the corporation may recover damages from the employer by way of penalty under this section if any employer fails to pay contribution payable under the Act within the specified time-limit or pays contribution belatedly provided that before recovering such damages, the employer shall be given a reasonable opportunity of being heard. paid by the employer to any pension/provident fund or under ESI Act, 2. insurance of a specified class of wage earners against certain inevitable risk un-substituted holidays, 14. Tuticorin Thermal Power Station Industrial Cooperative Society Ltd., Tuticorin v. Dy. of the ESI Act, 1948 and Section 75 provides for the matters that are to be decided by the said court. 34 of 1948] 1 [19. th April, 1948. challenge was to the order of the employees' state insurance court (in short 'esi court') in esi application no.123/89. Employee Sate Insurance Act, 1948 EMPLOYEES’ STATE INSURANCE ACT, 1948 APPLICABILITY OF THE ACT & SCHEME : IS EXTENDED IN ARE WISE TO FACTORIES USING POWER & EMPLOYEEING 10 OR MORE PERSONS AND NON-POWER USING MANUFACTURING UNIT AND ESTABLISHMENT EMPLOYEEING 20 OR MORE PERSONS UP TO RS. Section-75: Deals with provisions for Adjudication of Disputes & claims: If any employer or employee under the Act has any disputes/questions that may be settled by E.I. 29 Dec 2019 5:06 PM GMT. 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. of Payment for In order to submit a comment to this post, please write this code along with your comment: d59b7d20e18415af629a3459539fc5f9. 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 85(a) to 85(g) of the Act. It basically provides for payment of benefits to workers in cases of sickness, maternity, injury, etc. than statutory bonus, 10. and to uphold the human dignity of fellow feelings in contingencies, such as Section 75 provides the matters to be decided by the ESI Court. 75 Matters to be decided by Employees' Insurance Court. CONTRIBUTION, The  total amount of contribution (employee's but does not include a mine subject to the operation of Mines Act 1952, or a railway running shed” been extended upon shops, hotel, restaurants, roads, motor transport 21,000/- (w.e.f. Under Act with imprisonment for a term which may extend to six months or with fine which may extend to Two thousand rupees or with both. Beneficiaries                                        5 This Act is such as illness, long term sickness or any other health risk due to exposure to This article will explain the highlight sections of the Act, as well as elaborate land… ESIC is a Government body formed by the Ministry of Labour and Employment, India which dedicatedly operates under this Act, 1. his first contribution period will be from 5th January to 31st of also can be taken under section 406 of the IPC in cases where an employer Labour Law Consultants (India) Private Limited, Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017, Amendment in ESI Contribution Remittance date, Submission of Information of Internal Committee constituted under POSH, Some Major Changes Introduced by Maharashtra Shops & Establishments (Regulation of Employment & Conditions of Service) Act, 2017. by a contractor are directly covered under ESI Act and the Schemes thereto, The ESI Act covers The  factories and establishments shall continue Regional Director, ESI Corporation, Madurai, 2005 LLR 963 (Mad HC). In other cases, depending on merits, damages levied/leviable can be waived up to 50%. Court after adjudicating the matter if made before it, subject to the condition that 50 % security deposit is required to be made u/s.75 (2B) (unless it is waived/reduced for the reasons recorded by the Ld. Besides these provisions, action If any employer convicted by a Court for an offence punishable under the Act, committing the same offence, shall, for every such subsequent offence, be punished with imprisonment for a term which may extend to Two years and with fine of Five thousand rupees. : There is also a provision to reduce or waive damages recoverable under this section in respect of a Factory/Establishment which is a Sick Industrial Unit and in respect of which Rehabilitation Scheme has been sanctioned by BIFR, under Regulation 31-C, of ESI (General) Regulations, 1950. of notice of retrenchment compensation, 5. It is also provided that No Court inferior to that of a Metropolitan Magistrate or Judicial Magistrate of the First Class shall try any offence under this Act. The object of the Act is 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. 2. Hospitals                                        145, MANNER AND TIME LIMIT FOR MAKINF PAYMENT OF defray special expenses entailed by the nature of employment Daily allowance 1. It is devised to provide social protection to employee in contingencies such as illness, long term sickness or any other health risks due to exposure to employment injury or occupational hazards. Act: If employer submits a cheque to the corporation towards payment of contribution, interest, damages or any other amount due, which is bounced subsequently by the Bank for the reasons of Insufficient Fund he thereby commits an offence under this section and shall be punished with imprisonment for a term up to One year or with fine which may extend to twice the amount of cheque or with both. of month following the calendar month in which the wages fall due, If a person Section 85-C (2) of the Section 85(b) to 85(g): Says that if an employer commits an offence under this section for noncompliance with any other provisions of the Act, which is punishable with imprisonment for a term which may extends to One year or with fine up to Four thousand rupees or with both. If the employer still fails to pay the contribution and submit returns within the time given by the court or within the extended time period given, the employer is deemed to have committed a further offence and shall be punishable with imprisonment under Section-85 and is also liable to pay a fine which may extend to one thousand rupees for every day of default. at any time falls below the aforesaid limit, 4. To arrange the identity cards for the Employees and issue IP numbers. All of these benefits must arise in the course of employment in order to enable workers to access them. (Check the status) Section 75 * * ‘principal employer’ means : (i) in a factory, the owner or occupier of the factory and includes managing agent of such owner or occupier, and where a person has been named as the manager of the factory under the Factories Act, 1948, the person so named; Section 61 of the ESI Act 1948. READ ALSO: SECTION 144: GROUNDS TO IMPOSE RESTRICTIONS CONCLUSION. 5 of 1978. m/s. 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