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Employee State Insurance Scheme
"Regional office"
Jammu & Kashmir

ESI ACT AT A GLANCE

Section Rule Reg Provision Form
1 To whole of India Applicability
To state or part thereof by central Govt notification
To factories
To class of establishment industrial. commercial etc.
To factory/establishment even though number of prsons falls below limit or if manufacturing process ceases to be without aid of power.
To Govt. factories
2(12) Notification dtd 12/11/1978. factory-minimun 10 and manufacturing process with aid of power. 20 if mfg. process is without aid of power.
Exclude mines Rly running shed
2(9) Estb- 20 or more employees in (1) to (iv)- Hotel.shops. cinema include preview theatre & newspaper as defined in Working Jounalist Act
Notificaton dtd 13/03/1989. road Motor Transport estb.- 20 or more employees
To employees (other than apprentices engaged under Apprentice Act or under standard Order and drawing more than Rs. 7500 p.m.)
1(4) To seasonal factories Non Applicability
To employees of Govt. factories receiving substantial similar or superior benefits and are exempted by the appropriate Govt.
2(9) To employees drawing wages exceeding rs. 7500/-
Proviso- employees continues to be covered until the end of the contribution period even if his wages exceeded rs. 7500/- a month after the beginning of contribution period.
Apprentice engaged under the Apprentice Act. 1961 or standing orders of the estab.
To memebers of naval. military or air force.
87 Exemption to the factory or establishment or class of establishment or factory may be given by the appropriate Govt. for period of one year by notification. Exemption
88 Exemption to person or class of persons may be given by the appropriat Govtsubject to conditions specified therein.
90
2(1) Appropriat Govt- Establishments under the control of centre Gov.. Rly Administration.etc.-Centre/State Govt. Definition
(6A) Dependent - following relative of the Insured person:-
Widow. monor or legiitmate son. widowed mother etc.
Major infirm son or daughter(legitimate or adopted )if wholly dependent on his earning.
8 Employment Injury- Personal injury caused by accident or occupational diseases arising out & in course of insurable employment.
9 Employee- Person employed for wages in or in connection with the preliminary or incidental work of factory or establishment either directly. or through immediate employer. whose serevice are temporarily lent or let on hire to principal employer under contract of service.
Includes:- (i) Person employed on any work connected with the adminstration of the factory. establishment or any part. dept. branch or with the purchase or raw material for. distribution of sale of the products of the factory or estab. (ii) Apprentice.
Excludes- (i) Member of Indian Navel. Military of Air Forces.
50 (ii) Wages exceeding Rs. 6.500 P.M.
Proviso:- employees continue to be employee until the end of the period even if his wages exceeded Rs. 6500 a month after the beginning of contribution period.
(iii) Apprentice under Apprentices Act or establishments Standing Order.
11 Family- Relatives of an insured person specified in clause (i) to (v) which includes a spouse. minor legitimate or adopted child depended upon the insured person. dependent parents etc.
15-A Registration of family 1A
15-B Change in family 2
12 Factory- any premises including precincts.
Where 10 or more persons are /were employed in any day of preceding 12 months for with wages with aid of power or
Where 20 persons employed in mfg. process without aid of power. But excludes mines or Railway running shed.
(15-A) Permanent Partial disablement - Disablement reducing earning capacity of employee in every employment which he was capable of doing ath the time of accident
Injuries specified in Sch-II Part II is deemed as Permanent Partial disablement.
(15-B) Permanent total disablements - Disablements of permanent nature which incapacitates from doing all work-
List of injuries specified in Part I of Schedule II and Combination of injuries specified in Part II of Schedule II causing 100% Loss of earning capacity.
(19-A) Seasonal Factory Factory engaged in cotton gining etc.
Includes factory working not exceeding7 mths. In year in any process of blending packing etc or manufacturing process notified by the Central Govt.
21 Temporary disablements- renders employee temprorily incapable.
22 Wages - All remuneration paid in cash. as per the terms of the contract
Payment in respect of period of authorised leave. strike etc.
Additional remuneration paid at interval not exceeding 2 months.
Does not include- Travelling allowance. contribution tp PF etc.
2-A 10B Registration of factories & establishment in 01.01A
10(CC ) Declaration to be sent in 1
19 Corporation's power to promote measures for improvement of health and welfare including rehabilitation and Re-employment of disabled/injured insured persons.
38 11 All employees shall be insured Contributions
12 Declaration by person in employment on and after appointed day in 1
14 Declaration forms by employer to be sent in 3
17&18 ID Card to be maintained in case of loss of ID card. duplicate may be obtained 4
39 Contributions by Employer's= 4.75% of wages
Contribution's by Employee= 1.75% of wages.
4 Contribution Period Ist April to 30th September & Ist October to 31st March.
Corresponding benefit period Ist Janauary of the following year to 30th June & Ist July to 31st Decenber.
27 Employer to issue certificate of contributions.
31 Time for payment of contribution Ordinary- on last day of wage period or if employed- for part or under 2 or more employees-within 21 days. Factories or estab. Closed permanently - last day of closure.
Advance contribution- A six monthly statement of contrubution paid or payable at the end of each month shall be given in. 5A
40 Refund of contributions erroneously or excessevely collected without interest.
5 31A (a) If not paid on time by principal employer-Simple interest @ 12% p.a or 15%
31B (b) Recoverable as land revenue or u/s 45-C to 45-1.
31-C Damages to be paid for delay at rates specified.
40 Principal employer to pay employees contribution and his at the first instance and recover employees contribution from employees wages for related period. Rights/Duties & Obligations of Employers
17A Employer to issue certificate of employment to insured person.
41(1-A) Employer may recover contribution from immediate employer by deduction from amt. Payable to him under contarct or as debt.
32 Employer to maintain register in 6
32-1A Immediate employer to submit the registers of employees to principal employer in
2 Immediate employer can recover employees contribution- by deduction from wages subject to conditions in S.40(2)
42 Employees contribution not payable by/behalf of employee when average daily wages are below limit.
43 Method of payment contribution as specified in clause (a) to (d)
44 10-C To submit annual information by 31st Janauary every year. 01(A)
26 Employer to submit register & returns in quadruplicate to Corp in (a) within 42 days (b) Within 21 days of permanent closure of Factories or Establishment.(c) Within 7 days of receipt of requistion from appr. Office.
32(1) Factory or Estab. to furnish particulars for Corpn to decide if Act applies.
Emplopyer to maintain register & records.
72 97 Employer not to reduce wages or reduce benefits by reason of his libility for contribution payable.
May discontinue or reduce under condition of service - (a)(b)
73 98 Employer not to dismiss or punish employee during period of sickness.
Dismissal. discharge etc. under certain conditions. with due notice.
45-A Where default is committed U/s.44 or inspector or official of corporation specified u/s. 45(2) or any other person assigned with duties u/s. 45 are prevented. The corporation may after giving an opportunity of hearing pass an order determing contribution payable by employees of factory or establishment and its order shall be sufficient proof of claim u/s. 75 for recovery of amount u/s. 45-B to 45 1. Determination of Contribution
45-B Recovery of contribution - as an arrears of land revenue.
45-C Recover Officer on receipt of certificate from authorised officer specifying amount of arrears shall proceed to recover by
Arrest and detention of employer-appointment of receiver for management of property.
Attachement and sale of movable and immovable property firstly of factory and establishment- if insufficient from property of employer for which or part of arrears.
45-D Recovery officer to whom certificate is to be forwarded.
45-E Correctness of amount in Certificate can not be disputed before R.O.
45-F Stay of proceedings until expiry of period granted by Authorised Officer. amendment or withdrwal thereof by Recovery officer.
45-1 Authorised officer-Director General. etc. or officer by Central Govt notification.
Recovery officer- officer of central Govt. etc. by notification.
51A-D Accidents presumed to arise out of employment (A) in absence of contary evidence. (B) while acting in branch of Regulations etc.(C ) while traveling in employer's transport (D) while meeting an emergency.
65 Notice of accident to employer etc.
66 Maintenance of accident book in 11
68 Accident report from employer in 12
52-A Occupational disease deem to be employement injury
If employed in Part A of Schedule III peaculiar disease thereof.
If employed in part B- for continous period of 6 months or more. Employees employeed in part C.
53 Bar against receiving or recovery of compensation or damages under workmen's Compensation Act or other Law.
54 Determination of question of disblement which includes the question (i) whether the accident has resulted permanent disablement. (ii) whether extent of loss of earning capacity can be assessed provisionally or finally (iii) whether assessment of proportion of loss of earning capacity is provisional or final etc. by Medical board.
54-A 72.73.76 Reference to medical Board and appeals to Medical Appeal Tribunal and E.I Court.
Relatives specified in clause (ii)(a)to (g - if wholly or partly dependent on his earnings.)
55 Review by Medical Board. Medical Approval Tribunal of earlier decision for non-disclosure or misrepresentation.
55-A Review of Dependents benefit for non-disclosure or misrepresentation or subsequent change in status of dependents.
60 Benefits not transferable or assignable and cash benefit are not attachable.
64 Conditions for sickness or disablement benefit-(a) to (d)
99 Suspension of benefit- on failure to follow conditions.
65 Prohibition to receive combine benefits.
68 Corporation's right to recover difference amount as specified from the principal employer on his failure or neglect to pay contribution amount.
70 Repayment of Benefit to Corporation. to which he is not lawfully entitled. Recoverable as land revenue.
96 To be determined by Medical commissioner of Corporation.
75(1) Matters to be decided by E.I Court-If question or dispute arises as to (a) to (g) i.e person is employee or not . rate of wages etc. Adjudication of Dispute & Claims
2 Subject to Sec.
(2-A) The claims to be decided -(a) to (f) for recovery of contribution from principal employer etc.
(2-B) Principal employer to deposit 50% of amount due from him as claimed bu Corporation in E.I Copurt. And the Court may on reasons recorded waive or reduce the amount to be deposited.
3 Civil Court-Not to have jurisdication under the Act.
77 Commencement of proceedings before E.I Court.
(1-A) Application to be made within 3 years of cause of action.
(a) Insured person or dependent shall claim within 12 months after claim became due or within future period as the E.I Court may allow.
(b) Corporation- for recovering contribution from principal employer-from date of claim by corporation for the Ist time-within 5 years.
(C ) Claim by pricipal employer only on evidence of payment of contribution
(2) Application to be accompained with fee.
78 Powers of E.I Courts (1) (4) to be of civil Court for summoning witnesses etc.
81 Reference to High Court in respect of any question of law by E.I Court.
82 Appeal to High Court- maintainable only.
On substantial question of law and made within 60 days.
Provisions of Limitation Act to apply.
84 False Statement as to (i) increase in payment or benefits (ii) avoidence of payment to be made (iii) enabling any other person to avoid payment etc. Offences & Penalties
Imprisonment up to 6 months or fine up to Rs. 2000 or both.
62 If convction u/s 84-bar on grant of cash benefits for period of 3 months- and 6 month for subsquent conviction.
85 Failure to pay employees contribution deducted from wages
Imprisonment of not less than 1 year with fine of Rs. 10.000 which may extend up to 3 years.
Failure to pay contribution Generally
Imprisonment of not less than 6 months and fine of Rs. 5.000 which may extended up to 3 years.
85 Offences committed u/c. (b) to (g)
Imprisonment extending to 1 year or fine extending to Rs. 4.000 or Both.

View complete ESI Act 1948

 

 

 

 

 

 

 

 
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