The location where the employer carries on his business and where the factory is located. Presented by; •Originally called “workmen’s state insurance bill” 1946. •Came into force on 19th april 1948. In the case of the Standing Committee, a new one shall be constituted immediately as per Section 8 of the ESI Act. It was established on 24 February, 1952. Section 46 of the ESI Act grants benefits to employees as social security in case of injury, which can be availed during the course of employment. The Employees’ State Insurance Act, 1948 is a social security legislation that provides for medical care and cash benefit in the contingencies of sickness, maternity, disablement and death due to employment injury to workers. 3 members within the corporation representing 3 state governments. No court lower than a First Class Magistrate can try an offence under the ESI Act, and no Court will take cognizance of any offence reported under this Act. However, this procedure will not take place until after the person in charge has been given a reasonable opportunity to be heard regarding the absence of such records. act name page nos. Their functions are mostly to serve a role in inspecting the function of the corporation. April, 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 In the case of an employee who is indirectly employed under the principal employer, via an immediate employer, the principal employer shall be entitled to recover the payment made on behalf of an indirect employee, from the immediate employer, as a debt payable to him. He can enter any corporation at any time and can get all the accounts, books and other employment documents presented to him without any due notice. Its object is to protect the interest of workers and their families, who are exposed to the risks of sickness, employment injury, occupational diseases and Maternity in case of female employees. (Section 38 guaranteeing that every worker is insured and Section 46 defining the relief available to workers). EMPLOYEES’ STATE INSURANCE ACT, 1948 [Act No. This control by the Central Government largely contributes to the constitutionality of the Act, because Insurance, be it public or private, is listed in the Seventh Schedule of the Indian Constitution as a Union List subject i.e. Material type: Book Publisher: Mumbai Commercial's Law Publishers ( India) Pvt. The Central Government has empowered to enforce different provisions of the Act in different states or part thereof on different dates. If the defaulting employer fails to meet the time conditions for payments that have been stated by the Court, the employer will be deemed to have committed another offence, which can be punishable with imprisonment and/or fines. Students of Lawsikho courses regularly produce writing assignments and work on practical exercises as a part of their coursework and develop themselves in real-life practical skill. Sections 84, 85, and 85A cover all the punishments for default listed within the ESI Act. So, the ESI Act 1948 is a Social Security Scheme for the protection and benefits of the employees of the organised sectors. The matter originally under contention was the release of a new notification by the Kerala State Government in the Official Gazette, which extended the scope of the ESI Act, i.e. The Employees* State Insurance Act (ESI Act) was enacted with the object of introducing a scheme of health insurance for industrial workers. The Employees State Insurance Act, ESI Act for short, was enacted by the Government of India in 1948. One member for each state appointed by State Government. Investigate against complaints lodged against medical practitioners with relevance to the medical relief offered. The Standing Committee shall submit for the consideration and decision of the Corporation all such cases and matters as may be specified in the regulations made in this behalf. The bodies of ESIC possess authority that they can delegate to authorised personnel, at their discretion. Workers earning less than 15,000/Month are covered under the act. As per Section 46(1)(b) of the ESI Act, an insured woman can claim periodical payments in case of occurrence of any of the following situations: The benefit is payable for three months, with an extension of one month, if required. 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