ESI ActCentral laws1948
The Employees State Insurance Act, 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.
This Act has been repealed and replaced by the Code on Social Security, 2020. The text is kept for reference and for matters from before the repeal.
Act No. 34 of 1948 · Ministry of Labour and Employment
- Sections
- 139
- Chapters
- 9
- Classified offences
- 3
Contents
IPreliminary§ 1–2A3 sections
IIIFinance and Audit§ 26–3713 sections2 repealed
- 26Employees' State Insurance Fund.
- 27[Omitted.].(Repealed)
- 28Purposes for which the Fund may be expended.
- 28AAdministrative expenses.
- 29Holding of property, etc.
- 30Vesting of the property in the Corporation.
- 31[Omitted.].(Repealed)
- 32Budget estimates.
- 33Accounts.
- 34Audit.
- 35Annual report.
- 36Budget, audited accounts and the annual report to be placed before Parliament.
- 37Valuation of assets and liabilities.
IVContributions§ 38–45I18 sections
- 38All employees to be insured.
- 39Contributions.
- 40Principal employer to pay contributions in the first instance.
- 41Recovery of contribution from immediate employer.
- 42General provisions as to payment of contribution.
- 43Method of payment of contributions.
- 44Employers to furnish returns and maintain registers in certain cases.
- 45Social Security Officers, their functions and duties.
- 45ADetermination of contributions in certain cases.
- 45AAAppellate authority.
- 45BRecovery of contributions.
- 45CIssue of certificate to the Recovery Officer.
- 45DRecovery officer to whom certificate is to be forwarded.
- 45EValidity of certificate and amendment thereof.
- 45FStay of proceedings under certificate and amendment or withdrawal thereof.
- 45GOther modes of recovery.
- 45HApplication of certain provisions of the Income-tax Act.
- 45IDefinitions.
VBenefits · General§ 46–7338 sections4 repealed
Benefits
- 46Benefits.
- 47[Omitted.].(Repealed)
- 48[Omitted.].(Repealed)
- 49Sickness benefit.
- 50Maternity benefit.
- 51Disablement benefit.
- 51APresumption as to accident arising in course of employment.
- 51BAccidents happening while acting in breach of regulations, etc.
- 51CAccidents happening while travelling in employer's transport.
- 51DAccidents happening while meeting emergency.
- 51EAccidents happening while commuting to the place of work and vice versa.
- 52Dependant's benefit.
- 52AOccupational disease.
- 53Bar against receiving or recovery of compensation or damages under any other law.
- 54Determination of question of disablement.
- 54AReferences to medical boards and appeals to medical appeal tribunals and Employees' Insurance Courts.
- 55Review of decisions by medical board or medical appeal tribunal.
- 55AReview of dependant's benefit.
- 56Medical benefit.
- 57Scale of medical benefit.
- 58Provision of medical treatment by the State Government
- 59Establishment and maintenance of hospitals, etc. by the Corporation
- 59AProvision of medical facilities by the corporation instead of the state government
- 59BMedical and paramedical education
General
- 60Benefit not assignable or attachable.
- 61Bar of benefits under other enactments.
- 62Persons not to commute cash benefits.
- 63Persons not entitled to receive benefit in certain cases.
- 64Recipients of sickness or disablement benefit to observe conditions.
- 65Benefits not to be combined.
- 66[Omitted.].(Repealed)
- 67[Omitted.].(Repealed)
- 68Corporation's rights where a principal employer fails or neglects to pay any contribution.
- 69Liability of owner or occupier of factories, etc., for excessive sickness benefit.
- 70Repayment of benefit improperly received.
- 71Benefit payable up to and including day of death.
- 72Employer not to reduce wages, etc.
- 73Employer not to dismiss or punish employee during period of sickness, etc.
VAScheme for Other Beneficiaries§ 73A–73F6 sections
VIAdjudication of Dispute and Claims§ 74–8310 sections1 repealed
- 74Constitution of Employees' Insurance Court.
- 75Matters to be decided by Employees' Insurance Court.
- 76Institution of proceedings, etc.
- 77Commencement of proceedings.
- 78Powers of Employees' Insurance Court.
- 79Appearance by legal practitioners, etc.
- 80[Omitted.].(Repealed)
- 81Reference to High Court.
- 82Appeal.
- 83Stay of payment pending appeal.
VIIIMiscellaneous§ 87–10021 sections1 repealed
- 87Exemption of a factory or establishment or class of factories or establishments.
- 88Exemption of persons or class of persons.
- 89Corporation to make representation.
- 90Exemption of factories or establishments belonging to Government or any local authority.
- 91Exemption from one or more provisions of the Act.
- 91AExemptions to be either prospective or retrospective.
- 91AACentral Government to be appropriate Government.
- 91BMisuse of benefits.
- 91CWriting off of losses.
- 92Power of Central Government to give directions.
- 93Corporation officers and servants to be public servants.
- 93ALiability in case of transfer of establishment.
- 94Contributions, etc., due to Corporation to have priority over other debts.
- 94ADelegation of powers.
- 95Power of Central Government to make rules.
- 96Power of State Government to make rules.
- 97Power of Corporation to make regulations.
- 98Omitted.(Repealed)
- 99Medical care for the families of insured persons.
- 99APower to remove difficulties.
- 100Repeal and savings
Corporation, Standing Committee and Medical Benefit Council§ 3–2523 sections
- 3Establishment of Employees' State Insurance Corporation.
- 4Constitution of Corporation.
- 5Term of office of members of the Corporation.
- 6Eligibility for re-appointment or re-election.
- 7Authentication of orders, decisions, etc.
- 8Constitution of Standing Committee.
- 9Term of office of members of Standing Committee.
- 10Medical Benefit Council.
- 11Resignation of membership.
- 12Cessation of membership.
- 13Disqualification.
- 14Filling of vacancies.
- 15Fees and allowances.
- 16Appointment of a Director General and a Financial Commissioner.
- 17Staff.
- 18Powers of the Standing Committee.
- 19Corporation's power to promote measures for health, etc., of insured persons.
- 20Meetings of Corporation, Standing Committee and Medical Benefit Council.
- 21Supersession of the Corporation and Standing Committee.
- 22Duties of Medical Benefit Council.
- 23Duties of Director General and Financial Commissioner
- 24Acts of corporation etc. not invalid due to defect in constitution etc.
- 25Regional Boards, Local Committees, Regional and Local Medical Benefit Councils