Employee State Insurance Act 1948 Multiple Choice Questions and Answers for competitive exams. Employees' State Insurance (abbreviated as ESI) is a self-financing social security and health insurance scheme for Indian workers. The Employees’ State Insurance Act, 1948 or popularly known as the ESI Act was notified by the Parliament and it was the first major legislation on the Social Security for workers post-independence of the country. Where a workman is covered under the ESI scheme. Records To Be Maintained For Inspection By ESI authorities. 6. 34 of Year 1948, dated 19th. Aachamana … 4. Hr Generalist +4 Others. 3. Category Save Save EMPLOYEES’ STATE INSURANCE ACT, 1948 For Later. The Chartered Accountant should certify that he has verified the return from the records and registers of the company. The amount of contributions should be paid into the ESI Account with an authorised branch of State Bank of India, through an ESI challan in quadruplicate on or before the 21 st of the month following the calendar month in which the wages fall due. such other establishments as the Government may specify. Appointing a receiver for the management of the moveable or immoveable properties of the establishment. The Employee State Insurance Act, 1948 28. The Employees State Insurance Act, ESI Act for short, was enacted by the Government of India in 1948. Shanmugam Thilakk. The employer should obtain the declaration form from the employees covered under the Act and submit the same along with the return of declaration forms, to the E.S.I. (adsbygoogle = window.adsbygoogle || []).push({}); Join LAWyersclubindia.com and Share your Knowledge. If the identity card is lost, a duplicate card is issued on payment as prescribed. OBJECTIVE The objective of the act is to secure … It dealt with various problems concerning safety, health, efficiency and well-being of the persons at work places. He should arrange for the allotment of Insurance Numbers to the employees and their Identity Cards. Employees State Insurance Act, 1948 | Employee's State Insurance Corporation, Ministry of Labour & Employment, Government of India The Factories Act, 1948 (Act No. +91-98200 61049   He is also an advisor to many industries. Vijay Associates - Service Provider of Factories Act, ESI - (Employee State Insurance Act, 1948) & PF - (Provident Fund Act, 1952) from Chennai, Tamil Nadu, India Whether all the conditions under the Act with regard to contribution, to be paid by the employer to the Corporation have been complied with. The Employee state Insurance Act 1948: 6: Summary of Contributions in: ESI Regional Commissioner: quarduplicate: 31-Jul: The Factorice Act1948: 21: Half yearly return: Inspector of Factories: 31-Jul: The Contract Labour (R&A) Act 1970: XXIV: Half Yearly Return : Asst Commissioner of Labour: 31-Oct: The Apprenticeship Act: APP-2: Half Yearly Return: Dy Apprenticeship Adviser: 11-Nov: … 50 per day are exempted from payment of contribution. But the benefits under the Employee State Insurance Act extends to employees whether employed in the factory or elsewhere, whether they are directly employed by the principal employer or through an outside intermediary agency. Short title, extent, commencement and application. Under the Employees’ State Insurance Act 1948 (the ESI Act) the rate of contribution has been reduced from 6.5 per cent to 4 per cent of the wages. Employees' State Insurance Act, 1948 [Act No. 10. Prosecution under this Act shall not be instituted except by or with the previous sanction of the Insurance Commissioner or of such other officer of the corporation as may be authorised. There are two contribution periods each of six months duration and two corresponding benefit periods. The employer should get his factory or establishment registered with the ESI Corporation within 15 days after the Act becomes applicable to it and also obtain the employer’s code number. Print. The identity card serves as a means of identification and has to be produced at the time of claiming medical care at the dispensary / clinic and cash benefit at the local office of the corporation. The insured women are entitled to maternity benefit for confinement. Corporation within 15 days after the Act becoming applicable to it, and obtain the employer’s Code Number. The responsibility for payment of all contributions is that of the employer with a right to deduct the employees share of contribution from employees’ wages relating to the period in respect of which the contribution is payable. The Employees' State Insurance Act, 1948 is one of the most important laws that provide social security. 39. He has authored books on numerous topics, including Internal Audit, Bank Audit, Special Economic Zones (SEZ), CARO, Prevention of Money Laundering, Anti-dumping, Real Estate, Export, Import etc. 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 Like most of the social security schemes, the world over, ESI scheme is a self-financing health insurance scheme. The identity card bears the signature/thumb impression of the insured person. An employee is required to file a declaration form upon employment in factory or establishment to show that he is covered under the Act. Contribution period - 1st April to 30th September, its corresponding Cash Benefit period is 1st January to 30th June of the following year. State Insurance Act, 1948. 204 of 2020 and 2523 of 2017 decided on July 31, 2020], the Madras High Court held that, an employee, whose wages … 63 of 1948), as amended by the Factories (Amendment) Act, 1987 (Act 20 of 1987), served to assist in formulating national policies in India with respect to occupational safety and health in factories and docks in India. ESI Act 1948 or the Employee State Insurance Act is applicable to employees working inside the factory or elsewhere. It is the principal employer’s responsibility to deposit his own as well as employee’s contributions in respect of all employees including the contract Labour, into the E.S.I. •Originally called “workmen’s state insurance bill” 1946. •Came into force on 19th april 1948. Account in the prescribed manner. (3) It shall come into force on such date or dates3 as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act and 4[for different States or for different parts thereof]. Contribution period - 1st October to 31st March, its corresponding Cash Benefit period is 1st July to 31st December of the following year. Purposes for which the Fund may be expended. WHY THIS ESIC ACT, 1948 CAME INTO FORCE: This Act is designed to complete the task of protecting 'Employees' as defined in the ESI Act - 1948, against the hazards of Sickness, Maternity, Disablement or Death due to Employment injury and to provide full Medical care to insured persons and their families. Other Articles by - office. He has conducted about 500 seminars & workshops on topical issues relating to Trade & industry and the profession and regularly contributes through articles and column in journals, business newspapers and magazines. On registration every insured person is provided with a ‘temporary identification certificate’ which is valid ordinarily for a period of three months but may be extended, if necessary, for a further period of 3 months. Employee' Deposit Linked Insurance Scheme 1976 and 3. Any dispute arising under the Act shall be decided by the Employees Insurance Court and not by a Civil Court. Section 28 in The Employees' State Insurance Act, 1948. Application (Employer’s registration form) shall be made in form 01. The employer should deposit the employees’ and his own contributions to the E.S.I. But the benefits of this act extend to employees whether working inside the factory or establishment or elsewhere or they are directly employed by the principal employee or through an intermediate agency, if the employment is incidental or in connection with the factory or establishment. The employer should furnish a Return of Contributions along with the challans of monthly payment. ESIS was created in 1948 by an Act of Parliament and is administratively managed by the Employee State Insurance Corporation (ESIC), an autonomous … Provides Cash benefits during sickness and maternity ; Monthly pension after death or permanent disability. Employees' State Insurance Act, 1948... Synopsis. No court inferior to that of a Metropolitan Magistrate or Judicial Magistrate of the First Class shall try any offence under this Act. The employee ‘ State insurance act extends to the whole of India, including the state of Jammu and Kashmir. Share. Non-availability of funds cannot be a ground for non-payment of contributions under the Act. If you continue browsing the site, you agree to the use of cookies on this website. Contributions. 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Account in the prescribed manner, whether he has sufficient resources or not, his liability under the Act cannot be disputed. Ankdev. The employer should obtain the declaration from the employees covered under the Act and submit the same along with the return of declaration forms, to the E.S.I. The employer should report to the E.S.I. Since the aim and object of the Act is to safeguard the interest of workers and protect them from exploitation, the Act prescribes certain standards with regard to safety, welfare and working … b. The employer is required to contribute at the rate of 4.75% of the wages paid/payable in respect of every wage period. THE EMPLOYEES' STATE INSURANCE ACT, 1948 ACT NO. 2. Property of the principal employer can also be attached and sold only if the sale proceeds of property of establishment are insufficient. Rajkumar S. Adukia is a highly acclaimed academician and an eminent and experienced Chartered Accountant. These short objective type questions with answers are very important for Board exams as well as competitive exams. Application should be made in Form 01 and after having being satisfied with the application form, the regional office will allot a code number to the employer, which must be quoted in all documents and correspondence. This Act is designed to complete the task of protecting “Employees” as defined in the ESI Act – 1948, against the hazards of Sickness, Maternity, Disablement or Death due to Employment injury and to provide full Medical care to insured persons and their families. The employer must contribute 4.75% and employee must contribute 1.75% of the wages for ESI. Certification of Return of Contribution by Auditor, Regulation 26 of Employees’ State Insurance (General) Regulations, 1950 was amended by Notification No.N-12/13/1/2008-P&D to include certain details to be mentioned in the Return of Contribution to be submitted by employers. The employees’ state insurance act – 1948 •Pioneering measure in social insurance in india. Employees covered under the scheme are entitled to medical facilities for self and dependants. Such person shall not be liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. Carousel Previous Carousel Next. EMPLOYEE STATE INSURANCE ACT 1948 Presented by; 1) Mayur Khatri 2. Whether an employee earning more than the wage ceiling stipulated under the Employees' State Insurance Act, 1948 is eligible to claim compensation under Employee's Compensation Act? The Act in fact tries to attain the goal of socio-economic justice enshrined in the Directive principles of state policy under part 4 of our constitution, in particular, articles 41, 42 and 43 which enjoin the state to make effective provision for securing, the right to work, to education and public assistance in cases of unemployment, old age, sickness and disablement. EMPLOYEES STATE INSURANCE ACT, 1948 1. Registration of factories and establishments. iocl. Section - 2. The employer should not reduce the wages of an employee on account of the contribution payable by him. The Employees State Insurance Act,1948 Slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. Employees' State Insurance Act, 1948... Synopsis . If you continue browsing the site, you agree to the use of cookies on this website. All employees including casual, temporary or contract employees drawing wages less than Rs 10,000 per month are covered. The act is also applicable to non-seasonal factories using power and employing 10 or more employees, and non- power using factories and certain other … Corporation within 15 days after the Act becomes applicable to it, and obtain the employers Code Number. Timely deposit of ESI Contribution. Section - 2A. … It basically provides for payment of benefits to workers in cases of sickness, maternity, injury, etc. 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. Applicability. 34 of Year 1948, dated 19th. – (1) This act may be called the Employees’ State Insurance Act, 1948. The salient features of amendments made in the Returns of Contribution are as under:-. 15 ] section - 1 contains six kinds of ESI benefits that injured employees can avail from! 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