Coram – A.M. Ahmadi, C.J. The Employee State Insurance Act, [ESIC] 1948, is a piece of social welfare legislation enacted primarily with the object of providing certain benefits to employees in case of sickness, maternity and employment injury and also to make provision for certain others matters incidental thereto. [Act No. It aims to protect employees, as defined in the Employees’ State Insurance Act, 1948, against the impact of incidences of sickness, maternity, disablement, and death due to employment injury and to provide medical care to the insured persons and their families. There are 6 types of … The act of 1948 was amended by the amendment acts of 1966,1975,1984,1989, and 1997. This is an exciting prospect from both an employee’s and a legal perspective as the beginning of a formal social security program in India. Facts – The employee while going to his place of employment, in this case a factory, on his own bicycle, met with an accident, at a place that was 1 km away from the factory. Registration Procedure: To access this article, please, Access everything in the JPASS collection, Download up to 10 article PDFs to save and keep, Download up to 120 article PDFs to save and keep. All female insurable employees can avail maternity benefits under the Act in … 34 OF 1948 1* [19th April, 1948.] 2. The promulgation of Employees State Insurance Act, 1948 envisaged an integrated need based social insurance scheme that would protect the interest of workers in contingencies such as sickness, maternity, temporary or permanent physical disablement, and death due to employment injury resulting in loss of wages or earning capacity. Maternity benefit. 21,000/- per month ( w.e.f. Employees’ State Insurance Act, 1948 (ESI Act) is social security legislation aimed at providing benefits to employees in case of sickness, maternity, employment injury, and certain other related matters. the insurance scheme contained in the act has up till date, been applied to a few selected localities. 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 … 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. Introduction of New Payment Mode for ESI Main Codes and Sub Codes, Press Information Bureau announces the enhanced wage limit ceiling for ESI as Rs. The Act extends to the whole of India. Under this self-financing health insurance scheme, funds are primarily built out of contributions from employers and employees. State Insurance under The Employee's State Insurance Act,1948. So, 24 february is celebrated as ESIC day. Act ID: 194834: Act Number: 34: Enactment Date: 1948-04-19: Act Year: 1948: Short Title: The Employees State Insurance Act, 1948: Long Title: An Act to provide for certain benefits to employees in case of sickness, maternity and employment injury and to … 34 of 1948]1 [19th 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. THE EMPLOYEES’ STATE INSURANCE ACT, 1948 [Act No. (1) This Act may be called the Employees' State Insurance Act, 1948. It is published quarterly carrying research articles on topics of current importance. All of these benefits must arise in the course of employment in order to enable workers to access them. Section 61bars claiming of compensation for employment injury under the provisions of any other enactment other than the E.S.I. THE EMPLOYEES' STATE INSURANCE ACT, 1948 1 Short title, extent, commencement and application. Suhas C. Jain, J. Sujata V. Manohar, J. 16 [ employment injury means a personal injury to an employee caused by accident or an occupational disease arising out of and in the course of his employment, being an insurable employment, whether the accident occurs or the occupational disease is con­tracted within or outside the territorial limits of … The Employees' State Insurance Act, 1948 is devised so as to provide social protection to workers in contingencies such as illness, long term sickness or any other health risk due to exposure to employment injury or occupational hazards. Employees' State Insurance (abbreviated as ESI) is a self-financing social security and health insurance scheme for Indian workers. The ESI Act stipulates the rules and regulations that … The Employees’ State Insurance Scheme is an integrated measure of Social Insurance embodied in the Employees’ State Insurance Act. The Employee State Insurance Act, 1948 The Employees State Insurance Act, ESI Act for short, was enacted by the Government of India in 1948. What is ESI? (2) It extends to the whole of India 1 [ 2 [***]]. Indian Law Institute is the publisher of Journal of the Indian Law Institute The Institute publishes various books, reports and studies of its research projects besides the publishing of JILI and ASIL. EMPLOYEES’ STATE INSURANCE ACT, 1948 [Act No. Employees’ State Insurance Act, 1948 (ESI Act) is a social security legislation aimed at providing benefits to employees in case of sickness, maternity, employment injury and certain other related matters. Under the Act, employees will receive medical relief, cash benefits, maternity benefits, pension to dependents of deceased workers and compensation for fatal or other injuries and diseases. The Act contains several important definitions and provisions that regulate these workers. Section 61 mentions enacted laws, while Section 53 speaks about a particular enacted law, namely, Workmen’s Compensation Act, 1923 and also other laws, namely, uncodified law, namely, Common Law. This item is part of JSTOR collection An overview of the Employee State Insurance Act, 1948 (ESI Act) In the course of employment of an employee, there come many circumstances when he needs extra financial support and seeks to get insured from the losses or damage. Applicable to Delhi, Chandigarh, and Puducherry. If the employee has ESIC scheme they can claim that insurance money in medical care for their family. It provides for certain cash and medical benefits to industrial employees in case of sickness, maternity and employment injury. A. 10000 TO Rs. The report became the basis for the Employment State Insurance (ESI) Act of 1948. In this Act, unless there is anything repugnant in the subject or context,-(1) "appropriate government" means, in respect of establishments under the control of the Central Government or 7 [a railway administration] or a major port or a mine or oilfield, the Central Government, and in all other cases, the 8 [State] Government; It is published since 1958. The employees State insurance act (ESI) extends to the whole of India, including the state of Jammu and Kashmir. Employees’ State Insurance (ESI) is governed by the Employees State Insurance Act, 1948. "Employment Injury" has been defined under Section 2(8) of the Act, as a personal injury to an employee caused by accident or occupational disease arising out of and in the course of his employment, being in insurable employment, whether the accident occurs or the occupational disease is contracted within or outside the territorial limits of India. It aims to protect employees, as defined in the Employees’ State Insurance Act, 1948, against the impact of incidences of sickness, maternity, disablement, and death due to employment injury and to provide medical care to the insured persons and their families. ©2000-2021 ITHAKA. 2 Definitions. 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 … The Employees State Insurance Act, ESI Act for short, was enacted by the Government of India in 1948. © 1987 Indian Law Institute 134 OF 1948 [19th April, 1948.] The major objective of the Act was to provide certain benefits to employees in case of sickness, maternity and injury (during employment) and for providing other benefits in relation to the main objectives. With a personal account, you can read up to 100 articles each month for free. Section 91 A of the Act is amended to removing. 15000 w.e.f 01-05-2010 The Employees State Insurance Act, ESI Act for short, was enacted by the Government of India in 1948. All States in India except for Nagaland, Manipur, Sikkim, Arunachal Pradesh, and Mizoram. Any sum paid by way of contribution under the ESI Act is deducted in computing ‘income’ under the Income Tax Act The journal is a very highly rated journal of international repute. It contains six kinds of ESI benefits that injured employees can avail. April, 1948] An Act to provide for certain benefits to employees in case of sickness, maternity and employment injury and to … The scheme has been extended to shops, hotels, restaurants, cinemas (including preview theatres), road-motor transport undertakings, and newspaper establishments employing 20* or more persons. 134 OF 1948 [19th April, 1948.] Most important laws that provide social security scheme designed to protect employees under. 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