(1) A principal employer, who has paid contribution in respect of an employee employed by or through an immediate employer, shall be entitled to recover the amount of the contribution so paid (that is to say the employer's contribution as well as employee's contribution, if any), from the immediate employer, either by deduction from any amount payable to him by the principal employer under any contract, or as a debt payable by the immediate employer. In exercise of the powers conferred by sub-section (2) of Section 1 of the Employees' State Insurance (Amendment) Act, 1989 (29 of 1989), the Central Government hereby appoints the September 1, 1991, as the date on which the provisions of Section 16 of the said Act shall come into force. Subs. 27-1-1985). Duties of [Director-General and the Financial Commissioner]130. (2) 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. (i) it enhances the age limit from the existing eighteen years to twenty one years for the purpose of giving benefits to dependants; (ii) it includes an apprentice appointed under the standing orders as an employee for the purpose of this Act; (iii) it provides benefits to workers for the accidents happening while commuting to the place of work and vice versa; (iv) it enables the Central Government to make rules to decide dependency of the parents on the basis of income; (v) it provides for a new definition of factory to provide that when ten or more persons are employed or were employed in the preceding twelve months irrespective of the use of power; (vi) it empowers the Central Government to include the Director General of Employees' State Insurance Corporation as the ex officio Chairman and Director General, Health Services as the ex officio Co-chairman in the Medical Benefit Council; (vii) it provides for cessation of membership of the Employees' State Insurance Corporation for member of Parliament when he becomes Minister or Speaker or Deputy Speaker of the House of the People or Deputy Chairman of the Council of State or when he ceases to be a member of Parliament; (viii) it enables the Employees' State Insurance Corporation to appoint consultants and specialists on contract without referring the matter to the Central Government for better delivery of super-speciality services; (ix) it increases public accountability by valuation of assets once in three years from existing once in five years; (x) it re-designates the Insurance Inspector as Social Security Officer; (xi) it simplifies the determination of employer's contribution; (xii) it empowers the Central Government to specify by rules the other conditions for medical treatment of an insured person who retires under Voluntary Retirement Scheme or takes premature retirement; (xiii) it empowers the Employees' State Insurance Corporation to enter into an agreement with any local authority, local body or private body for commissioning or running ESI hospitals through third party participation for providing medical treatment and attendance to insured persons; and. Which of the following disease acts by Reversetranscriptase action:a. HTLV-1b. 340. Diseases caused by mercury or its toxic compounds. Subs. by Act, 29 of 1989, S. 4 (w.e.f. 28-1-1968). 321[(4) Every regulation shall, as soon as may be, after it is made by the Corporation, be forwarded to the Central Government and that Government shall cause a copy of the same to be laid before each House of Parliament, while it is in session for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or both Houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation. by Act, 44 of 1966, S. 13 (w.e.f. 331. (c) both maternity benefit and disablement benefit for temporary disablement. The Employees’ State Insurance Act, 1948 (Act no. (2) No cash benefit payable under this Act shall be liable to attachment or sale in execution of any decree or order of any Court. 28-1-1968). (2) The Court shall consist of such number of Judges as the State Government may think fit. (2) Nothing in this Act shall entitle an insured person and (where such medical benefit is extended to his family) his family to claim reimbursement from the Corporation of any expenses incurred in respect of any medical treatment, except as may be provided by the regulations. 1950, for Province . 28-1-1968). Subs. 159. (v) It is proposed to do away with the institution of Principal Officers of the Corporation which are to be appointed by the Central Government and to empower the Corporation to make all appointments except that of the Director General and the Financial Commissioner who will continue to be appointed by the Central Government. 185. (2) Where a certificate for the recovery of amount has been issued, the authorised officer shall keep the Recovery Officer informed of any amount paid or time granted for payment, subsequent to the issue of such certificate. by Act, 44 of 1966, S. 10 (w.e.f. 33. (f) any claim for the recovery of any benefit admissible under this Act. Subs. Subs. The proposed revised rates of contribution are expected to reduce the clerical work for employers as well as for the Employees' State Insurance Corporation and thereby facilitate quick and correct assessment of amounts of contribution (vide clauses 4 and 13). Subs. (a) other beneficiaries means persons other than the person insured under this Act; (b) Scheme means any Scheme framed by the Central Government from time to time under Section 73-B for the medical facility for other beneficiaries; (c) underutilised hospital means any hospital not fully utilised by the persons insured under this Act; (d) user charges means the amount which is to be charged from the other beneficiaries for medical facilities as may be notified by the Corporation in consultation with the Central Government from time to time. thing. 20-10-1989). (p) any matter which is required or allowed by this Act to be prescribed by the Central Government. (xvi-b) the constitution of medical boards and medical appeal tribunals; (xvii) the penalties for breach of regulations by fine (not exceeding two days' wages for a first breach and not exceeding three days' wages for any subsequent breach) which may be imposed on employees; 314[(xvii-a) the amount of damages to be recovered as penalty; (xvii-b) the terms and conditions for reduction or waiver of damages in relation to a sick industrial company;]. 9. Subs. 28-1-1968). ], 102[(3) A person referred to in clause (i) of Section 4 shall cease to be a member on becoming a Minister or Speaker or Deputy Speaker of the House of the People or Deputy Chairman of the Council of States or when he ceases to be a member of Parliament. No. 178[45-C. Issue of certificate to the Recovery Officer. (1) The case of any insured person for permanent disablement benefit shall be referred by the Corporation to a medical board for determination of the disablement question and if, on that or any subsequent reference, the extent of loss of earning capacity of the insured person is provisionally assessed, it shall again be so referred to the medical board not later than the end of the period taken into account by the provisional assessment. by Act, 29 of 1989, S. 4 (w.e.f. Subs. EMPLOYEES’ STATE INSURANCE ACT, 1948 [Act No. 20-10-1989). 28-1-1968). 327. (iv) At present, the wage ceiling for coverage, rates of contribution, period and conditions of grant of benefits and wage limit for exemption from payment of employees' share of contribution are governed by specific provisions of the Act. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. As on 31-12-1988, the Act covered about 61.68 lakhs employees in 580 industrial centres in the country. 20-10-1989). (4) 110[The Director-General or the Financial Commissioner] shall hold office for such period, not exceeding five years, as may be specified in the order appointing him. (1) If the person committing an offence under this Act is a company, every person, who at the time the offence was committed was incharge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any person 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. 1. The budget shall contain provisions adequate in the opinion of the Central Government for the discharge of the liabilities incurred by the Corporation and for the maintenance of a working balance. R-17/14/1/2011-Bft. (xii) such other purposes as may be authorised by the Corporation with the previous approval of the Central Government. 1-6-2010). Introduction. Subs. 20-10-1989). Diseases caused by nitro and amido toxic derivatives of benzene or its homologues. Added by Act, 44 of 1966, S. 23 (w.e.f. (v) one member from among the members of the Corporation elected by [Parliament]83; 84[(d) the Director-General of the Corporation, ex officio.]. Subs. Extrinsic allergic alvoelitis caused by the inhalation of organic dusts. (No. Subs. Subs. (4) The contributions payable in respect of each 145[wage period] shall ordinarily fall due on the last day of the 146[wage period], and where an employee is employed for part of the 147[wage period], or is employed under two or more employers during the same 148[wage period], the contributions shall fall due on such days as may be specified in the regulations. 20-10-1989). by Act, 29 of 1989, S. 4 (w.e.f. (1) 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 172[Social Security Officer] or other official of the Corporation referred to in sub-section (2) of Section 45 is [prevented in any manner]173 by the principal or immediate employer or any other person, in exercising his functions or discharging his duties under Section 45, the Corporation may, on the basis of information available to it, by order determine the amount of contributions payable in respect of the employees of that factory or establishment: 174[Provided that no such order shall be passed by the Corporation unless the principal or immediate employer or the person in charge of the factory or establishment has been given a reasonable opportunity of being heard:], 175[Provided further that no such order shall be passed by the Corporation in respect of the period beyond five years from the date on which the contribution shall become payable.]. HIVc. by Act, 53 of 1951, S. 6, for clause (b) . Subs. 27-1-1985). An outgoing member of the Corporation, the Standing Committee, or the Medical Benefit Council shall be eligible for [re-appointment]73 or re-election, as the case may be. (2) Any assessment of the extent of the disablement resulting from the relevant employment injury may also be reviewed by a medical board, if it is satisfied that since the making of the assessment there has been a substantial and unforeseen aggravation of the results of the relevant injury: Provided that an assessment shall not be reviewed under this sub-section unless the medical board is of opinion that having regard to the period taken into account by the assessment and the probable duration of the aggravation aforesaid, substantial injustice will be done by not reviewing it. 192. 3216(E), dated June 29, 2018, published in the Gazette of India, Extra., Part II, Section 3(ii), dated 2nd July, 2018, pp. by Act, 29 of 1989, S. 41 (w.e.f. 73-F. Subs. (3) (i) The Director-General or any other officer authorised by the Corporation in this behalf may, at any time or from time to time, by notice in writing, require any person from whom money is due or may become due to the factory or establishment or, as the case may be, the principal or immediate employer or any person who holds or may subsequently hold money for or on account of the factory or establishment or, as the case may be, the principal or immediate employer, to pay to the Director-General either forthwith upon the money becoming due or being held or at or within the time specified in the notice (not being before the money becomes due or is held) so much of the money as is sufficient to pay the amount due from the factory or establishment or, as the case may be, the principal or immediate employer in respect of arrears or the whole of the money when it is equal to or less than that amount. 1-1-1992). Subs. Provision of medical benefit by the Corporation in lieu of State Government. (a) a company, other than a firm, means the managing director or a whole-time director; The appropriate Government may, by notification in the Official Gazette and subject to such conditions as may be specified in the notification, exempt any factory or establishment or class of factories or establishments in any specified area from the operation of this Act for a period not exceeding one year and may from time to time by like notification renew any such exemption for periods not exceeding one year at a time: 270[Provided that such exemptions may be granted only if the employees in such factories or establishments are otherwise in receipt of benefits substantially similar or superior to the benefits provided under this Act: Provided further that an application for renewal shall be made three months before the date of expiry of the exemption period and a decision on the same shall be taken by the appropriate Government within two months of receipt of such application.]. 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