EMPLOYEE STATE INSURANCE ACT

Full Text

Preliminary
Section 1 : Short title, extent, commencement and application

Section 2 : Definitions

Section 2-A : 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 renomination 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 : Principal Officers

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 : Super session of the Corporation and Standing Committee

Section 22 : Duties of Medical Benefit Council

Section 23 : Duties of Director General and the Financial Commissioner

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 : Grant by the Central Government

Section 28 : Purposes for which the Fund may be expended

Section 28-A : Administrative expenses

Section 29 : Holding of property, etc

Section 30 : Vesting of the property in the Corporation

Section 31 : Expenditure by Central Government to be treated as a loan

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 employer

Section 42 : General provisions as to payment of contributions

Section 43 : Method of payment of contribution

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

Section 45 : Social Security Officers, their functions and duties

Section 45-A : Determination of contributions in certain cases

Section 45-AA : Appellate Authority

Section 45-B : Recovery of contributions

Section 45-C : Issue of certificate to the Recovery Officer

Section 45-D : Recovery Officer to whom certificate is to be forwarded

Section 45-E : Validity of certificate and amendment thereof

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

Section 45-G : Other modes of recovery

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

Section 45-I : Definitions

Benefits
Section 46 : Benefits

Section 47 : [* * * ]

Section 48 : When person deemed available for employment

Section 49 : Sickness benefit

Section 50 : Maternity benefit

Section 51 : Disablement benefit

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

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

Section 51-C : Accidents happening while travelling in employers transport

Section 51-D : Accidents happening while meeting emergency

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

Section 52 : Dependant's benefit

Section 52-A : 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 54-A : References to medical board and appeals to medical appeal tribunal and Employees' Insurance Courts

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

Section 55-A : Review of dependants' 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 59-A : Provision of medical benefit by the Corporation in lieu of State Government

Section 59-B : Medical and Paramedical education

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 : Corporation's right to be indemnified in certain cases

Section 67 : Corporation's right to be recover damages from employer in certain cases

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

Section 69 : Liability of owner of 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.

Transitory Provisions
Section 73-A : Employer's special contributions

Section 73-B : Special tribunals for decision of disputes or questions under this Chapter where there is no Employee

Section 73-C : Benefits under Chapter V to depend upon employees' contribution

Section 73-D : Mode of recovery of employer's special contribution

Section 73-E : Power to call for additional information or return

Section 73-F : Power to exempt to be exercised by Central Government alone in respect of employer's special contributions

Section 73-G : Application of certain provisions of this Act to employer's special contribution

Section 73-H : Omitted

Section 73-I : Duration of Chapter V-A

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 proceedings etc

Section 77 : Commencement of proceedings

Section 78 : Powers of Employees' Insurance Court

Section 79 : Appearance by legal practitioners, etc.

Section 80 : Benefit not admissible unless claimed in time

Section 81 : Reference to High Court

Section 82 : Appeal

Section 83 : Stay of payment pending appeal

Penalties
Section 84 : Punishment for false statement

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

Section 85-A : Enhanced punishment in certain cases after previous conviction

Section 85-B : Power to recover damages

Section 85-C : Power of court to make orders

Section 86 : Prosecutions

Section 86-A : Offences by companies

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

Section 88 : Exemption of persons or class or 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 91-A : Exemptions to be either prospective or retrospective

Section 91-AA : Central Government to be Appropriate Government

Section 91-B : Misuse of benefits

Section 91-C : Writing off of losses

Section 92 : Power of Central Government to give directions

Section 93 : Corporation officers and servants to be public servants

Section 93-A : Liability in case of transfer of establishment

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

Section 94-A : 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 : Corporation may undertake duties in Part B State

Section 99 : Medical care for the families of insured persons

Section 99-A : Power to remove difficulties

Section 100 : Repeals and savings