EMPLOYEES STATE

INSURANCE ACT, 1948

SHWETA ACHARYA

VITTU ACHARYA

BHAKTI ANBHAVANE

DHAVAL AJMERA

BALA KONAR

INTRODUCTION:

OBJECT:

A very progressive conceptIndicates social responsibilityPassed in parliament and was enforced from 19th april 1948

To provide certain cash benefitsDuring sickness, maternity, employment injury and medical facilitiesContains provisions for certain other matters

APPLICABILITY:Small power house factories employing 10 to 19 personsNon-power using factories employing 20 or more persons;ShopsHotels and restaurants;Cinemas including preview theatresNewspaper establishments;Road motor transport undertakings employing 20 or more persons

The act does not apply to mines, railway running sheds and specified seasonal factories

The sate government may extend the provisions of the act to cover other establishments like industrial, commercial, agricultural or others in consultation with the employees State Insurance Corporation (ESIC) and with the approval of the Central government after giving six months notice of its intention to do so in the Official Gazette

WHAT IS EMPLOYMENT ?

Its is well to remember that the act deploys the expression “employment” and not “w0rk”.Employee is in the employment even when he is not working but proceeds towards it or returns to the place other than his workplace.Thus a man’s employment is neither confined to his workplace nor does it end with the ‘tool down’ signal.

EMPLOYEEAny person employed for wages in or in connection with the work of a factory or establishment andWho is directly employed by the principal employerWho is employed by or through an immediate employerWhose services are temporarily lent or let on hire to the principal employer under a contract of service;And includes any person employed for wages or any person engaged as an apprentice, not being an apprentice under the apprentices act,1961.But does not includea. Any member of the indian naval, military or air

forces; orb. Any person so employed whose wages exceed

prescribed limit

SICKNESSRequires medical treatment and attendance and necessitates abstention from work on medical grounds

WAGESThe wages means all remuneration paid or payable whether the ‘contract of employment’ was expressed or implied andIncluding wages for authorized leave, lockout, strike(which is not illegal), BUT DOES NOT INCLUDEContribution paid in the pension fund or PF,Travelling allowances/concession or its value. Payments to defray special expenses on employment and gratuity.

BAR AGAINST RECEIVING

COMPENSATION THE WORK MEN’S COMPENSATION ACT ORANY OTHER LAW FOR THE TIME BEING IN FORCE OR OTHERWISE FROM THE (a) THE EMPLOYER (b) FROM ANY OTHER PERSONTHE BAR IS IRRESPECTIVE OF BENEFITS RECE4IVED UNDER THE ACT.

DETERMINATION OF QUESTION OF DISABLEMENT

Whether the accident has resulted in permanent disablement;Whether the extent loss of earning capacity can be assessed provisionally or finally ; Whether the assessment of the proportion of the loss of earning capacity is provisional or final; orIn the case of provisional assessment, the period for which such assessment is caused shall be determined by the medical board constituted under the act.

RIGHT OF APPEALThe act invests a right of appeal

Right of appeal is curtailed and circumstanced in as much as the act allows appeal only if any question of law is involved and the findings of the insurance court cannot be questioned before high court in appeal.

Period of limitation for filing appeal as 60 days

Appeal filed by the ESI corporation, high court is vested with powers to grant stay and thereby withold the payment directed to be paid under the impugned order.

PENALTIESTHE Act treats certain acts of omissions and commissions as offences and prescribed penalties as under :-Causing any increase in payment or benefit,Causing any payment or benefit where no payment or benefit is authorised by or under this act,Avoiding any payment to be made under this act,Enabling any other person to avoid any such payment,Knowingly making or causing to be made false statement or false representation.

Punishment may exceed for a term of 6 months or fine not exceeding Rs.2000/-or both

THANK YOU