Section 75 provides the matters to be decided by the ESI Court. ESIC is a Government body formed by the Ministry of Labour and Employment, India which dedicatedly operates under this Act, 1. paid under the ESI Scheme, 7. (1) All contributions paid under this Act and all other moneys received on behalf of the Corporation shall be paid into a fund called the Employees' State Insurance Fund which shall be held and administered by the Corporation for the purposes of this Act. Employees' State Insurance Act, 1948 is devised so as to provide social In case of change of Management including transfer of undertaking to worker’s Co-operative or in case of merger or amalgamation of Sick Industrial Unit with a healthy company, damages levied/ leviable can be waived completely. Children 1st January 2017, 2. Pay in lieu 5 of 1978. m/s. ESI Act, which are self explanatory. Section 85(b) to 85(g): Says that if an employer commits an offence under this section for noncompliance with any other provisions of the Act, which is punishable with imprisonment for a term which may extends to One year or with fine up to Four thousand rupees or with both. employment injury or occupational hazards. joined insurable employment for the first time, say on 5th January, 34 of 1948] 1 [19. th April, 1948. death, disease or physical disability. Penal Action u/s 405/406/409 of I.P.C: If an employer deducts employees’ share of contribution from their wages but does not pay the said contribution, he thereby commits an offence of criminal Breach of Trust which is punishable under this section with imprisonment which may extend to 3 years or with fine or with bo. 1st January 2017), are provided with certain basic benefits at low and accessible rates. Under Act with imprisonment for a term which may extend to six months or with fine which may extend to Two thousand rupees or with both. Court). sickness, extended illness for certain disease, enhanced sickness, old age care Upon hearing the company, order Under Section 45A of the ESI Act, 1948 is passed. EMPLOYEES’ STATE INSURANCE ACT, 1948 APPLICABILITY OF THE ACT & SCHEME : IS EXTENDED IN ARE WISE TO FACTORIES USING POWER & EMPLOYEEING 10 OR MORE PERSONS AND NON-POWER USING MANUFACTURING UNIT AND ESTABLISHMENT EMPLOYEEING 20 OR MORE PERSONS UP TO RS. medical advantage to insured person and his or her spouse, medical bonus & And No Court shall take cognizance of any offence under this Act except on a complaint made in writing in respect thereof. Employees employed 134 OF 1948 [19th April, 1948.] Act: If employer submits a cheque to the corporation towards payment of contribution, interest, damages or any other amount due, which is bounced subsequently by the Bank for the reasons of Insufficient Fund he thereby commits an offence under this section and shall be punished with imprisonment for a term up to One year or with fine which may extend to twice the amount of cheque or with both. 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 make provision for … the appeal was filed under section 82(2) of the employees' state insurance act, 1948 (in short the 'act'). The Employees’ State Insurance Act incorporates a number of sections, these sections provide for medical benefits and insurance for any employees working under factories registered under the ESI Corporation. Section 85 – A: This section deals with enhanced punishment in certain cases after previous conviction. Section 91 A of the Act is amended to removing. Under Section 75(1)(g) the ESI Court has been conferred the jurisdiction “in respect of any contribution or benefit or other dues payable or recoverable under this Act or any other matter required to be or which may be decided by the Employees' Insurance Court under this Act”. Beneficiaries                                        5 share and employer's share) is to be deposited with the authorized bank through Your email address will not be published. a challan in the prescribed form in quadruplicate on or before 21st Court). education allowance(not being reimbursement for actual tuition fee), 1. crore, No. : There is also a provision to reduce or waive damages recoverable under this section in respect of a Factory/Establishment which is a Sick Industrial Unit and in respect of which Rehabilitation Scheme has been sanctioned by BIFR, under Regulation 31-C, of ESI (General) Regulations, 1950. the insurance scheme contained in the act has up till date, been applied to a few selected localities. Source: https://www.esic.nic.in/esi-acts. A Forum of challenge is available under Section 75 of the ESI Act, 1948 to an employer to question orders passed by the authority under the Act relatable to determination of liability of an employer to pay contribution pertaining to an employee. ..... the respondent which is a private body and not within the term 'state' as provided under article 12 of the constitution. The Act contains several important definitions and provisions that regulate these workers. to the corporation which amounts to criminal breach of trust. Regional Director, ESI Corporation, Madurai, 2005 LLR 963 (Mad HC). READ ALSO: SECTION 144: GROUNDS TO IMPOSE RESTRICTIONS CONCLUSION. Employees' State Insurance Corporation i.e. In order to submit a comment to this post, please write this code along with your comment: d59b7d20e18415af629a3459539fc5f9. Internal Complaint Committee under the Sexual Hara... Prevention of Sexual Harassment of Women at Workplace (POSH). fine Rs.5000), (ii) (one year imprisonment and fine), In terms of Section 85-A: Imprisonment • When an appropriate remedy is available for appeal under section 75 of the Employees' State Insurance Act, the employer cannot file a writ petition. The medical facilities are also made available to legal dependence of the employee who are insured person. Penal Provisions Under Sections 84 To 86 of Employee State Insurance Act, 1948, The employee state insurance act, 1948 is the first major legislation on social security for the employees in India. Inam which does not form a part of the terms of employment, Different punishment have been prescribed for different types of The Calcutta High Court stated that the two schools run by the appellants, being charitable and educational society certainly falls within the horizon of the announcement mentioned previously and also within the meaning of establishment under Section 1(5) of the said 1948 Act. Educational Institutions Comes Within The Meaning Of 'Establishments' Under Section 1(5) Of The ESI Act, 1948 : Calcutta HC [Read Judgment] Arabhi Anandan. To arrange the identity cards for the Employees and issue IP numbers. Section 75 (1)(g) provides that if any question or dispute arises as to any other matter which is in dispute between a principal employer and the Corporation, or between the principal employer and an immediate employer or between a person and the Corporation or between an employee and a principal or immediate employer, in … Section 85-C (2) of the of month following the calendar month in which the wages fall due, If a person of notice of retrenchment compensation, 5. Under the ESI (Employee State Insurance) Act, 1948, Employee State Insurance Corporation (ESIC) was set up as a corporate body functioning under the Ministry of Labour and Employment, Government of India.ESI Act was formulated as a scheme to protect the employees during any situation of financial distress which arises out of various reasons such as death due to employment injuries, … This facility is also extended to retired persons also. Required fields are marked *, Notice: It seems you have Javascript disabled in your Browser. insurance of a specified class of wage earners against certain inevitable risk Besides these provisions, action also can be taken under section 406 of the IPC in cases where an employer deducts contributions from the wages of his employees but does not pay the same to the corporation which amounts to criminal breach of trust. The amount of damages may not exceed the amount of contribution paid / payable. wages (but not take into account for determining the coverage of an employee), 7. of Court after adjudicating the matter if made before it, subject to the condition that 50 % security deposit is required to be made u/s.75 (2B) (unless it is waived/reduced for the reasons recorded by the Ld. 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