Section List

34/1948 - The Employees State Insurance Act, 1948 ▶

Act Number: 34

Act Name: The Employees State Insurance Act, 1948

Year: 1948

Enactment Date: 1948-04-19

Long Title: 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: Ministry of Labour and Employment

Department:

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