THE EMPLOYEES’ STATE INSURANCE ACT, 1948

ACT NO. 34 OF 1948 · Enacted [19th April, 1948.] · 139 sections

PRELIMINARY

Section 1.Short title, extent, commencement and application.

Section 2.Definitions.

Section 2A.Registration of factories and establishments.

CORPORATION, STANDING COMMITTEE AND MEDICAL BENEFIT COUNCIL

Section 3.Establishment of Employees’ State Insurance Corporation.

Section 4.Constitution of Corporation.

Section 5.Term of office of members of the Corporation.

Section 6.Eligibility for re-appointment or re-election.

Section 7.Authentication of orders, decisions, etc.

Section 8.Constitution of Standing Committee.

Section 9.Term of office of members of Standing Committee.

Section 10.Medical Benefit Council.

Section 11.Resignation of membership.

Section 12.Cessation of membership.

Section 13.Disqualification.

Section 14.Filling of vacancies.

Section 15.Fees and allowances.

Section 16.Appointment of a Director General and a Financial Commissioner.

Section 17.Staff.

Section 18.Powers of the Standing Committee.

Section 19.Corporation’s power to promote measures for health, etc., of insured persons.

Section 20.Meetings of Corporation, Standing Committee and Medical Benefit Council.

Section 21.Supersession of the Corporation and Standing Committee.

Section 22.Duties of Medical Benefit Council.

Section 23.Duties of Principal Officers.

Section 24.Acts of Corporation, etc., not invalid by reason of defect in constitution, etc.

Section 25.Regional Boards, Local Committees, Regional and Local Medical Benefit Councils.

FINANCE AND AUDIT

Section 26.Employees’ State Insurance Fund.

Section 27.[Omitted.]

Section 28.Purposes for which the Fund may be expended.

Section 28A.Administrative expenses.

Section 29.Holding of property, etc.

Section 30.Vesting of the property in the Corporation.

Section 31.[Omitted.]

Section 32.Budget estimates.

Section 33.Accounts.

Section 34.Audit.

Section 35.Annual report.

Section 36.Budget, audited accounts and the annual report to be placed before Parliament.

Section 37.Valuation of assets and liabilities.

CONTRIBUTIONS

Section 38.All employees to be insured.

Section 39.Contributions.

Section 40.Principal employer to pay contributions in the first instance.

Section 41.Recovery of contribution from immediate employees.

Section 42.General provisions as to payment of contribution.

Section 43.Method of payment of contributions.

Section 44.Employers to furnish returns and maintain registers in certain cases.

Section 45.Social Security Officers, their functions and duties.

Section 45-I.Definitions.

Section 45A.Determination of contributions in certain cases.

Section 45AA.Appellate authority.

Section 45B.Recovery of contributions.

Section 45C.Issue of certificate to the Recovery Officer.

Section 45D.Recovery officer to whom certificate is to be forwarded.

Section 45E.Validity of certificate and amendment thereof.

Section 45F.Stay of proceedings under certificate and amendment or withdrawal thereof.

Section 45G.Other modes of recovery.

Section 45H.Application of certain provisions of the Income-tax Act.

BENEFITS

Section 46.Benefits.

Section 47.[Omitted.]

Section 48.[Omitted.]

Section 49.Sickness benefit.

Section 50.Maternity benefit.

Section 51.Disablement benefit.

Section 51A.Presumption as to accident arising in course of employment.

Section 51B.Accidents happening while acting in breach of regulations, etc.

Section 51C.Accidents happening while travelling in employer’s transport.

Section 51D.Accidents happening while meeting emergency.

Section 51E.Accidents happening while commuting to the place of work and vice versa.

Section 52.Dependant’s benefit.

Section 52A.Occupational disease.

Section 53.Bar against receiving or recovery of compensation or damages under any other law.

Section 54.Determination of question of disablement.

Section 54A.References to medical boards and appeals to medical appeal tribunals and Employees’ Insurance Courts.

Section 55.Review of decisions by medical board or medical appeal tribunal.

Section 55A.Review of dependant’s benefit.

Section 56.Medical benefit.

Section 57.Scale of medical benefit;.

Section 58.Provision of medical treatment by State Government.

Section 59.Establishment and maintenance of hospitals, etc., by Corporation.

Section 59A.Provision of medical benefit by the Corporation in lieu of State Government.

Section 59B.Medical and para-medical education.

BENEFITS — General

Section 60.Benefit not assignable or attachable.

Section 61.Bar of benefits under other enactments.

Section 62.Persons not to commute cash benefits.

Section 63.Persons not entitled to receive benefit in certain cases.

Section 64.Recipients of sickness or disablement benefit to observe conditions.

Section 65.Benefits not to be combined.

Section 66.[Omitted.]

Section 67.[Omitted.]

Section 68.Corporation’s rights where a principal employer fails or neglects to pay any contribution.

Section 69.Liability of owner or occupier of factories, etc., for excessive sickness benefit.

Section 70.Repayment of benefit improperly received.

Section 71.Benefit payable up to and including day of death.

Section 72.Employer not to reduce wages, etc.

Section 73.Employer not to dismiss or punish employee during period of sickness, etc.

SCHEME FOR OTHER BENEFICIARIES

Section 73A.Definitions.

Section 73B.Power to frame Scheme.

Section 73C.Collection of user charges.

Section 73D.Scheme for other beneficiaries.

Section 73E.Power to amend Scheme.

Section 73F.Laying of Scheme framed under this Chapter.

ADJUDICATION OF DISPUTE AND CLAIMS

Section 74.Constitution of Employees’ Insurance Court.

Section 75.Matters to be decided by Employees’ Insurance Court.

Section 76.Institution of proceedings, etc.

Section 77.Commencement of proceedings.

Section 78.Powers of Employees’ Insurance Court.

Section 79.Appearance by legal practitioners, etc.

Section 80.[Omitted.]

Section 81.Reference to High Court.

Section 82.Appear.

Section 83.Stay of payment pending appeal.

PENALTIES

Section 84.Punishment for false statement.

Section 85.Punishment for failure to pay contributions, etc.

Section 85A.Enhanced punishment in certain cases after previous conviction.

Section 85B.Power to recover damages.

Section 85C.Power of Court to make orders.

Section 86.Prosecutions.

Section 86A.Offences by companies.

MISCELLANEOUS

Section 87.Exemption of a factory or establishment or class of factories or establishments.

Section 88.Exemption of persons or class of persons.

Section 89.Corporation to make representation.

Section 90.Exemption of factories or establishments belonging to Government or any local authority.

Section 91.Exemption from one or more provisions of the Act.

Section 91A.Exemptions to be either prospective or retrospective.

Section 91AA.Central Government to be appropriate Government.

Section 91B.Misuse of benefits.

Section 91C.Writing off of losses.

Section 92.Power of Central Government to give directions.

Section 93.Corporation officers and servants to be public servants.

Section 93A.Liability in case of transfer of establishment.

Section 94.Contributions, etc., due to Corporation to have priority over other debts.

Section 94A.Delegation of powers.

Section 95.Power of Central Government to make rules.

Section 96.Power of State Government to make rules.

Section 97.Power of Corporation to make regulations.

Section 98.[Omitted.]

Section 99.Medical care for the families of insured persons.

Section 99A.Power to remove difficulties.

Section 100.Repeals and savings.