Act 34 of 1948

The Employees State Insurance Act, 1948

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.

  • Ministry of Labour and Employment
  • Enacted 1948-04-19
  • 139 sections
SectionTitle
1 Short title, extent, commencement and application.Read
2 Definitions.Read
2A Registration of factories and establishments.Read
3 Establishment of Employees' State Insurance Corporation.Read
4 Constitution of Corporation.Read
5 Term of office of members of the Corporation.Read
6 Eligibility for re-appointment or re-election.Read
7 Authentication of orders, decisions, etc.Read
8 Constitution of Standing Committee.Read
9 Term of office of members of Standing Committee.Read
10 Medical Benefit Council.Read
11 Resignation of membership.Read
12 Cessation of membership.Read
13 Disqualification.Read
14 Filling of vacancies.Read
15 Fees and allowances.Read
16 Appointment of a Director General and a Financial Commissioner.Read
17 Staff.Read
18 Powers of the Standing Committee.Read
19 Corporation's power to promote measures for health, etc., of insured persons.Read
20 Meetings of Corporation, Standing Committee and Medical Benefit Council.Read
21 Supersession of the Corporation and Standing Committee.Read
22 Duties of Medical Benefit Council.Read
23 Duties of Director General and the Financial Commissioner.Read
24 Acts of Corporation, etc., not invalid by reason of defect in constitution, etc.Read
25 Regional Boards, Local Committees, Regional and Local Medical Benefit Councils.Read
26 Employees' State Insurance Fund.Read
27 [Omitted.].Read
28 Purposes for which the Fund may be expended.Read
28A Administrative expenses.Read
29 Holding of property, etc.Read
30 Vesting of the property in the Corporation.Read
31 [Omitted.].Read
32 Budget estimates.Read
33 Accounts.Read
34 Audit.Read
35 Annual report.Read
36 Budget, audited accounts and the annual report to be placed before Parliament.Read
37 Valuation of assets and liabilities.Read
38 All employees to be insured.Read
39 Contributions.Read
40 Principal employer to pay contributions in the first instance.Read
41 Recovery of contribution from immediate employer.Read
42 General provisions as to payment of contribution.Read
43 Method of payment of contributions.Read
44 Employers to furnish returns and maintain registers in certain cases.Read
45 Social Security Officers, their functions and duties.Read
45A Determination of contributions in certain cases.Read
45AA Appellate authority.Read
45B Recovery of contributions.Read
45C Issue of certificate to the Recovery Officer.Read
45D Recovery officer to whom certificate is to be forwarded.Read
45E Validity of certificate and amendment thereof.Read
45F Stay of proceedings under certificate and amendment or withdrawal thereof.Read
45G Other modes of recovery.Read
45H Application of certain provisions of the Income-tax Act.Read
45-I Definitions.Read
46 Benefits.Read
47 [Omitted.].Read
48 [Omitted.].Read
49 Sickness benefit.Read
50 Maternity benefit.Read
51 Disablement benefit.Read
51A Presumption as to accident arising in course of employment.Read
51B Accidents happening while acting in breach of regulations, etc.Read
51C Accidents happening while travelling in employer's transport.Read
51D Accidents happening while meeting emergency.Read
51E Accidents happening while commuting to the place of work and vice versa.Read
52 Dependant's benefit.Read
52A Occupational disease.Read
53 Bar against receiving or recovery of compensation or damages under any other law.Read
54 Determination of question of disablement.Read
54A References to medical boards and appeals to medical appeal tribunals and Employees' Insurance Courts.Read
55 Review of decisions by medical board or medical appeal tribunal.Read
55A Review of dependant's benefit.Read
56 Medical benefit.Read
57 Scale of medical benefit.Read
58 Provision of medical treatment by State Government.Read
59 Establishment and maintenance of hospitals, etc., by Corporation.Read
59A Provision of medical benefit by the Corporation in lieu of State Government.Read
59B Medical and para-medical education.Read
60 Benefit not assignable or attachable.Read
61 Bar of benefits under other enactments.Read
62 Persons not to commute cash benefits.Read
63 Persons not entitled to receive benefit in certain cases.Read
64 Recipients of sickness or disablement benefit to observe conditions.Read
65 Benefits not to be combined.Read
66 [Omitted.].Read
67 [Omitted.].Read
68 Corporation's rights where a principal employer fails or neglects to pay any contribution.Read
69 Liability of owner or occupier of factories, etc., for excessive sickness benefit.Read
70 Repayment of benefit improperly received.Read
71 Benefit payable up to and including day of death.Read
72 Employer not to reduce wages, etc.Read
73 Employer not to dismiss or punish employee during period of sickness, etc.Read
73A Definitions.Read
73B Power to frame Schemes.Read
73C Collection of user charges.Read
73D Scheme for other beneficiaries.Read
73E Power to amend Scheme.Read
73F Laying of Scheme framed under this Chapter.Read
74 Constitution of Employees' Insurance Court.Read
75 Matters to be decided by Employees' Insurance Court.Read
76 Institution of proceedings, etc.Read
77 Commencement of proceedings.Read
78 Powers of Employees' Insurance Court.Read
79 Appearance by legal practitioners, etc.Read
80 [Omitted.].Read
81 Reference to High Court.Read
82 Appeal.Read
83 Stay of payment pending appeal.Read
84 Punishment for false statement.Read
85 Punishment for failure to pay contributions, etc.Read
85A Enhanced punishment in certain cases after previous conviction.Read
85B Power to recover damages.Read
85C Power of Court to make orders.Read
86 Prosecutions.Read
86A Offences by companies.Read
87 Exemption of a factory or establishment or class of factories or establishments.Read
88 Exemption of persons or class of persons.Read
89 Corporation to make representation.Read
90 Exemption of factories or establishments belonging to Government or any local authority.Read
91 Exemption from one or more provisions of the Act.Read
91A Exemptions to be either prospective or retrospective.Read
91AA Central Government to be appropriate Government.Read
91B Misuse of benefits.Read
91C Writing off of losses.Read
92 Power of Central Government to give directions.Read
93 Corporation officers and servants to be public servants.Read
93A Liability in case of transfer of establishment.Read
94 Contributions, etc., due to Corporation to have priority over other debts.Read
94A Delegation of powers.Read
95 Power of Central Government to make rules.Read
96 Power of State Government to make rules.Read
97 Power of Corporation to make regulations.Read
98 Omitted.Read
99 Medical care for the families of insured persons.Read
99A Power to remove difficulties.Read
100 Repeals and savings.Read
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