ESI Act 97Chapter VIII · Miscellaneous
Section 97 · Power of Corporation to make regulations
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(1) The Corporation may, 1*** subject to the
condition of previous publications, make regulations, not inconsistent with this Act and the rules made
thereunder, for the administration of the affairs of the Corporation and for carrying into effect the
provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:--
(i) the time and place of meetings of the Corporation, the Standing Committee and the Medical Benefit Council and the procedure to be followed at such meetings;
2[(ia) the time within which and the manner in which a factory or establishment shall be registered;]
(ii) the matters which shall be referred by the Standing Committee to the Corporation for decision;
(iii) the manner in which any contribution payable under this Act shall be assessed and collected;
3[(iiia) the rate of interest higher than twelve per cent. on delayed payment of contributions;]
(iv) reckoning of wages for the purpose of fixing the contribution payable under this Act;
4[(iva) the register of employees to be maintained by the immediate employer;
(ivb) the entitlement of sickness benefit or disablement benefit for temporary disablement on any day on which person works or remains on leave or on holiday and in respect of which he receives wages or for any day on which he remains on strike;]
(v) the certification of sickness and eligibility for any cash benefit.
5[(vi) the method of determining whether an insured person is suffering from one or more of the diseases specified in the Third Schedule;]
(vii) the assessing of the money value of any benefit which is not a cash benefit;
(viii) the time within which 6[and the form and manner in which] any claim for a benefit may be made and the particulars to be specified in such claim;
(ix) the circumstances in which an employee in receipt of disablement benefit may be dismissed,
discharged, reduced or otherwise punished;
(x) the manner in which and the place and time at which any benefit shall be paid;
(xi) the method of calculating the amount of cash benefit payable and the circumstances in which and the extent to which commutation of disablement and dependant's benefits, may be allowed and the method of calculating the commutation value;
(xii) the notice of pregnancy or of confinement and notice and proof of sickness;
5[(xiia) specifying the authority competent to give certificate of eligibility for maternity benefit;
(xiib) the manner of nomination by an insured woman for payment of maternity benefit in case of her or her child's death;
(xiic) the production of proof in support of claim for maternity benefit or additional maternity benefit;]
(xiii) the conditions under which any benefit may be suspended;
(xiv) the conditions to be observed by a person when in receipt of any benefit and the periodical medical examination of such persons;
7[* * * * *
(xvi) the appointment of medical practitioners for the purposes of this Act, the duties of such practitioners and the form of medical certificates;
5[(xvia) the qualification and experience which a person should possess for giving certificate of sickness;
(xvib) 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;
4[(xviia) the amount of damages to be recovered as penalty;
(xviib) the terms and conditions for reduction or waiver of damages in relation to a sick industrial company;]
(xviii) the circumstances in which and the conditions subject to which any regulation may be relaxed, the extent of such relaxation, and the authority by whom such relaxation may be granted;
8[(xix) the returns to be submitted and the registers or records to be maintained by the principal and immediate employers, the forms of such returns, registers or records, and the times at which such returns should be submitted and the particulars which such returns, registers and records should contain;]
(xx) the duties and powers of 9[Social Security Officers] and other officers and servants of the Corporation;
10[(xxa) the constitution of the appellate authority and the interest on amount deposited by the employer with the Corporation.]
11[(xxi) the method of recruitment, pay and allowances, discipline, superannuation benefits and other conditions of service of the officers and servants of the Corporation other than the 12[Director General and Financial Commissioner]];
(xxii) the procedure to be followed in remitting contributions to the Corporation; and
(xxiii) any matter in respect of which regulations are required or permitted to be made by this Act.
13[(2A) The condition of previous publication shall not apply to any regulations of the nature specified in clause (xxi) of sub-section (2).]
(3) Regulations made by the Corporation shall be published in the Gazette of India and thereupon shall have effect as if enacted in this Act.
14[(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 sessiion immediatly following the session 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 any thing previously done under that regulation.]
(2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:--
(i) the time and place of meetings of the Corporation, the Standing Committee and the Medical Benefit Council and the procedure to be followed at such meetings;
2[(ia) the time within which and the manner in which a factory or establishment shall be registered;]
(ii) the matters which shall be referred by the Standing Committee to the Corporation for decision;
(iii) the manner in which any contribution payable under this Act shall be assessed and collected;
3[(iiia) the rate of interest higher than twelve per cent. on delayed payment of contributions;]
(iv) reckoning of wages for the purpose of fixing the contribution payable under this Act;
4[(iva) the register of employees to be maintained by the immediate employer;
(ivb) the entitlement of sickness benefit or disablement benefit for temporary disablement on any day on which person works or remains on leave or on holiday and in respect of which he receives wages or for any day on which he remains on strike;]
(v) the certification of sickness and eligibility for any cash benefit.
5[(vi) the method of determining whether an insured person is suffering from one or more of the diseases specified in the Third Schedule;]
(vii) the assessing of the money value of any benefit which is not a cash benefit;
(viii) the time within which 6[and the form and manner in which] any claim for a benefit may be made and the particulars to be specified in such claim;
(ix) the circumstances in which an employee in receipt of disablement benefit may be dismissed,
discharged, reduced or otherwise punished;
(x) the manner in which and the place and time at which any benefit shall be paid;
(xi) the method of calculating the amount of cash benefit payable and the circumstances in which and the extent to which commutation of disablement and dependant's benefits, may be allowed and the method of calculating the commutation value;
(xii) the notice of pregnancy or of confinement and notice and proof of sickness;
5[(xiia) specifying the authority competent to give certificate of eligibility for maternity benefit;
(xiib) the manner of nomination by an insured woman for payment of maternity benefit in case of her or her child's death;
(xiic) the production of proof in support of claim for maternity benefit or additional maternity benefit;]
(xiii) the conditions under which any benefit may be suspended;
(xiv) the conditions to be observed by a person when in receipt of any benefit and the periodical medical examination of such persons;
7[* * * * *
(xvi) the appointment of medical practitioners for the purposes of this Act, the duties of such practitioners and the form of medical certificates;
5[(xvia) the qualification and experience which a person should possess for giving certificate of sickness;
(xvib) 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;
4[(xviia) the amount of damages to be recovered as penalty;
(xviib) the terms and conditions for reduction or waiver of damages in relation to a sick industrial company;]
(xviii) the circumstances in which and the conditions subject to which any regulation may be relaxed, the extent of such relaxation, and the authority by whom such relaxation may be granted;
8[(xix) the returns to be submitted and the registers or records to be maintained by the principal and immediate employers, the forms of such returns, registers or records, and the times at which such returns should be submitted and the particulars which such returns, registers and records should contain;]
(xx) the duties and powers of 9[Social Security Officers] and other officers and servants of the Corporation;
10[(xxa) the constitution of the appellate authority and the interest on amount deposited by the employer with the Corporation.]
11[(xxi) the method of recruitment, pay and allowances, discipline, superannuation benefits and other conditions of service of the officers and servants of the Corporation other than the 12[Director General and Financial Commissioner]];
(xxii) the procedure to be followed in remitting contributions to the Corporation; and
(xxiii) any matter in respect of which regulations are required or permitted to be made by this Act.
13[(2A) The condition of previous publication shall not apply to any regulations of the nature specified in clause (xxi) of sub-section (2).]
(3) Regulations made by the Corporation shall be published in the Gazette of India and thereupon shall have effect as if enacted in this Act.
14[(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 sessiion immediatly following the session 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 any thing previously done under that regulation.]
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