Section 45 2 of esi act 1948 pdf

The employees state insurance act, 1948 employees state insurance scheme of india, is a multidimensional social security system tailored to provide socioeconomic protection to worker population and their dependants covered under the scheme. Esi act 1948 eligibility criteria pdf download citehr. The rate of contribution paid by employer and employee will be decided by the central government. An act to consolidate and amend the law regulating labour in factories. Be it enacted by parliament in the sixtieth year of the republic of india as follows. Summary of the factories act 1948 commentory simple. Social security officer or other official of the corporation referred to in sub section 2 of section 45 is 121 prevented in any manner by the principal or immediate employer or any other person. Section 85b in the employees state insurance act, 1948. Provided that the state government may, by notification in the official. Stay of proceedings under certificate and amendment or withdrawal thereof. Apprenticestrainees under section 2 9 of the esi act inter alia providing that any person engaged as apprentice, not being an apprentice engaged under the apprentices act, 1961 or under the standing orders of the establishment will be covered under the act. Perusal of the orders passed under section 45a of the esi act, 1948, shows that the petitioner mill was required to pay the contribution in accordance with section 40 of the act rw regulations 29 and 31 of the employees state insurance general regulation, 1950 framed under the act. Workmens compensation act in respect of employee covered under the esi scheme 3.

Sir, please see the definition of family under section 2 11 of esi act, 1948 which is as follows. It lays down that in every factory adequate and suitable facilities should be provided for washing separately for male and female workers. Therefore, the factories act, 1948 consolidating and amending the law relating to labour in factories, was passed by the constituent assembly on august 28, 1948. The esi scheme is an integrated measure of social insurance come to the life through the employees state insurance act 1948, and is designed to complete the task of. Sir, iam directed to state that vide esl amendment act 2010, a new section 45 aa has been inserted in the act which stipulates that if an employer is not satisfied with the order referred to in section 45 a, he may prefer an appeal. The esi act 1948 applies to non seasonal factories using power in and employing ten 10 or more persons non seasonal and non power using factories and establishments employing twenty20 or more persons employees of the factories and establishments in receipt of wages not exceeding rs. Appellate authority us 45 aa of the esi act flourishing esic. In the employees state insurance act, 1948 hereinafter referred to. The following are excerpts from the application sent by mr. Section 45a in the employees state insurance act, 1948. Employee state insurance act 1948 esi act explained with. Employees state insurance act, 1948 bare acts law library. Employees state insurance act, 1948 employees state.

Chapter v contains provisions for welfare of the workers in the factory and they are incorporated under sections 42 to 50 of the factories act, 1948 section 42. The words except the state of jammu and kashmir omitted by act 51 of. The act received the assent of governor general of india on 23 september 1948 and came into force on april 1, 1949. Ppt on employees state insurance act 1948 of india. Respondent filed a petition under section 75 of the employees state insurance act, 1948 the act, for short before the esic court thereby assailed the order dated 1st december, 2008 passed by the appellant under section 45a of the act. Hiren chhedha has raised the following questions with reference to sec. The employees state insurance act, 1948 authorstream. The employees state insurance act, esi act for short, was enacted by the government of india in 1948. Rule 2a competent person rules prescribed under section 2a clause 2 ca and section 112 1 the chief inspector may recognise any person as a competent person within such area and for such period as may be specified for the purposes of carrying out tests, examinations, inspections and certification for such.

Besides full medical care for self and dependants, that is. Appellate authority us 45 aa of the esi act part i. Section 45 2 in the employees state insurance act, 1948 2 any 116 social security officer appointed by the corporation under sub section 1 hereinafter referred to as 116 social security officer, or other official of the corporation authorised in this behalf by it. Sir, iam directed to state that vide esl amendment act 2010, a new section 45aa has been inserted in the act which stipulates that if an employer is not satisfied with the order referred to in section 45 a, he may prefer an appeal. Employees state insurance abbreviated as esi is a selffinancing social security and health insurance scheme for indian workers. As the employer had failed to pay the contribution, as. Provided that every injury specified in part ii of the second schedule shall be.

Recent amendments in esi act 1948 talentmoon blogs. The preamble to the employees state insurance act, 1948, reads, 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. The fund is managed by the employees state insurance corporation esic according to rules and regulations stipulated in the esi act 1948. The factories act was amended in 1949, 1950, 1954, 1956, 1976 and 1989.

There is no maximum limitcap regarding esi deductions during any contribution period. How esi act work, rules and regulation of esi act 3. As many of the issues raised by him are relevant to all the employers, his writeup is hosted here as a separate. Sep 12, 2015 procedure of coverage under the esi act the social security officer sso of the esi corporation after inspecting a particular company and finding 10 or more employees drawing salary of less than rs. Aug 19, 2012 ppt on employee s state insurance act 1948 of india. Section 39 employer and employer liable for payment of the contribution to the employee state insurance corporation. Regulation 2 g factories act, 1948 section 2 n criminal procedure code, 1973 section 482 compliance under section 85ag against the managing director and other directors for presentation or nonsubmission of contribution cards under regulation 26 prescribe all of them as the principal employer magistrate taking. As per the esi amendment act 2010, which has been notified and it has come in to effect w. Section 452 in the employees state insurance act, 1948.

Please see proviso to section 2 9 of esi act, 1948 and also proviso to rule 50 of esi central rules,1952 which clarifies the issue raised by you. In the case referred to in sub section 1, the immediate employer shall be entitled to recover the employee s contribution from the employee employed by or through him by deduction from wages and not otherwise, subject to the conditions specified in the proviso to sub section 2 of section 40. Jul 26, 2010 accordingly, as per rule 50, the wage limit for coverage of an employee under employees state insurance act has been enhanced from rs. 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. Under amendment act of esi, q under amendment section 454 of esi, joint director deputy director vigilance has got power of test inspection re inspection. Esi act 1948 eligibility criteria pdf download please login cite.

To begin with the esi scheme was initially launched on 2 nd february 1952 at just two industrial centers in the country namely kanpur and delhi with a total coverage of about 1. An act further to amend the employees state insurance act, 1948. In the employees state insurance act, 1948 34 of 1948. If an employer is not satisfied with the order referred to in section 45a. Section 45 in the employees state insurance act, 1948. Section 41 in the employees state insurance act, 1948. Where in respect of a factory or establishment no returns, particulars, registers or records are submitted, furnished or maintained in accordance with the provisions of section 44 or any 120 social security officer or other official of the corporation referred to in sub section 2 of section 45 is 121 prevented in any manner by the principal or immediate employer or any other person.

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 theret o. Nov 11, 2014 need help on the captioned subject matter. The employees state insurance amendment bill, 2009 a bill further to amend the employees state insurance act, 1948. Where an employer fails to pay the amount due in respect of any contribution or any other amount payable under this act, the corporation may recover 2.

Employers are exempted from the applicability of the. Chapterii definitions and provisions for recovery in the esi act, 1948 3 2. Mar 21, 20 the expenditure pertaining to that tribunal was intended to be met from the esi fund as per sec. Act may be called the employees state insurance act, 1948. To provide for certain benefits to employees in case of sickness, maternity and employment injury and to make provisions for related matters. The following draft of certain rules further to amend the employees state insurance central rules, 1950, which the central government, after consulting the employees state insurance corporation, proposes to make in exercise of the powers conferred by section 95 of the employees state insurance act, 1948 34 of 1948, is hereby. The factories act, 1948 came into force on the 1st day of april,1949 and extends to the whole of india. Maximum how many family members are cover in esic citehr.