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The Employees' State Insurance Act, 1948
EMPLOYEES’ STATE INSURANCE
<HOME>                                                         ACT, 1948 & the SCHEME
                                                                      OVERVIEW
                                                                       ESI ACT

            Applicability of the Act            Coverage                       Rate of Contribution
                      & Scheme                                                 of the wages
                                                of employees
             Is extended in area-wise
             to factories using power                                          Employers’ 4.75%
                                                Drawing wages
            and employing 10 or more
                                                Upto Rs.10000/-                Employees’ 1.75%
            persons and to non-power
            using manufacturing units           per Month engaged
                and establish-ments             either directly or
               employing 20 or more             through contractor.
            person upto Rs.7500/- per
            month w.e.f. 1.4.2004. It
             has also been extend-ed           Manner and Time Limit
                 upon shops, hotels,           for making Payment of contribution
             restaurants, roads motor
              transport undertakings,          The total amount of contribution (employee’s share and
             equip-ment maintenance            employer’s share) is to be deposited with the authorised
                staff in the hospitals.        bank through a challan in the prescribed form in
                                               quadruplicate on ore before 21st of month following the
                                               calendar month in which the wages fall due.




         WAGES FOR ESI CONTRIBUTIONS                                                         Contribution
         Registers/files to be maintained by the employers                                   period
         To be deemed as wages                      NOT to be deemed as wages
                                                                                             1st April to 30th
         •Basic pay                                 •Contribution paid by kthe               September.
         •Dearness allowance                        employer to any pension/provident
         •House rent allowance                      fund or under ESI Act.
         •City compensatory allowance               •Sum paid to defray special              1st October to 31st
         •Overtime wages (but not to be             expenses entailed by the nature of       March
         taken into account for determining         employment – Daily allowance paid
         the coverage of an employee)               for the period spent on tour.
         •Payment for day of rest                   •Gratuity payable on discharge.
         •Production incentive                      •Pay in lieu of notice of
         •Bonus other than statutory bonus          retrenchment compensation                Penalties
         •Night shift allowance                     •Benefits paid under the ESI
         •Heat, Gas & Dust allowance                Scheme.                                  Different punishment have been
         •Payment for unsubstituted holidays        •Encashment of leave                     types of offences in terms of Se
         •Meal/food allowance                       •Payment of Inam which does not          imprisonment and fine Rs.5000)
         •Suspension allowance                      form part of the terms of                imprisonment and fine), and 85
         •Lay off compensation                      employment.                              imprisonment and not less to 2
         •Children education allowance (not         •Washing allowance for livery            ESI Act, which are self explanat
         being reimbursement for actual             •Conveyance Amount towards               provisions, action also can be ta
         tuition fee)                               reimbursement for duty related           the IPC in cases where an empl
                                                    journey                                  from the wages of his employee
                                                                                             same to the corporation which a
                                                                                             of trust.
imprisonment and not less to 2
•Children education allowance (not   •Washing allowance for livery    ESI Act, which are self explanat
being reimbursement for actual       •Conveyance Amount towards       provisions, action also can be ta
tuition fee)                         reimbursement for duty related   the IPC in cases where an empl
                                     journey                          from the wages of his employee
                                                                      same to the corporation which a
                                                                      of trust.
E INSURANCE
he SCHEME
W
                         Compiled by Shweta Swarnkar


 Contribution
                         THE ESI SCHEME TODAY
wages
                         No.   of   implemented Centres677
rs’ 4.75%                No.   of   Employers covered2.38 lacs
es’ 1.75%                No.   of   Insured Persons85 lacs
                         No.   of   Beneficiaries330 lacs
                         No.   of   Regional Offices/SRO’s26
                         No.   of   ESI Hospitals/Annexes183
                         No.   of   ESI Dispensaries1453
                         No.   of   Panel Clinics 2950



                     Benefits
ee’s share and       To the employees under the Act
 the authorised
form in              Medical, sickness, extended sickness for
h following the      certain diseases, enhanced sickness,
ue.                  dependents maternity, besides funeral
                     expenses, rehabilitation allowance,
                     medical benefit to insured person and his
                     or her spouse.



     Contribution                      Contribution period
     period                            If the person joined insurance
                                       employment for the first time,
                                       say on 5th January, his first
     1st April to 30th
                                       contribution period will be
     September.
                                       from 5th January to 31st
                                       March and his corresponding
                                       first benefit will be from 5th
     1st October to 31st
                                       October to 31st December.
     March




     Penalties

     Different punishment have been prescribed for different
     types of offences in terms of Section 85: (I) (six months
     imprisonment and fine Rs.5000), (ii) (one year
     imprisonment and fine), and 85-A: (five years
     imprisonment and not less to 2 years) and 85-C(2) of the
     ESI Act, which are self explanatory. 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.
imprisonment and not less to 2 years) and 85-C(2) of the
ESI Act, which are self explanatory. 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.
VARIOUS FORMS RELATED TO E.S.I.
<HOME>
                                                                                                             Compiled by Shweta Swarn
        FORM
S.No   TYPE &    Description Of the Form        Relevant Clause   Schedule Of Submission/ Maintenance
         NO.
                                                                  to be filled in by the employee with his signature or thumb impression
   1 Form I     Declaration Form           Regulation 11 & 12
                                                                  and submit it to the employer
                                                                  to be filled in by the employee and submitted back to the employer ,
   2 Form I-A   Family Declaration Form    Regulation 15-A        who shall forward the same to the appropriate office within 10 days
                                                                  from the date of submission by the employee
                                                                  to be submitted by the insured person to the employer within 15 days
                Changes in family
   3 Form I-B                              Regulation 15-B        of such changes occurring and the employer in turn would forward
                declaration form
                                                                  the same to the appropriate office within 10 days of receipt.
                                                                  to be sent by the employer to the appropriate office within 10 days of
   4 Form 3     Return of declaration forms Regulation 14
                                                                  receipt of the filled up forms
                                                                  to be issued by the appropriate office in respect of all insured
                                                                  employees, and send the same to the employer, who shall issue the
   5 Form 4     Identity Card              Regulation 17
                                                                  same to the concerned employee after obtaining the signature in the
                                                                  card
                                                                  to be arranged by the appropriate office and necessary family
   6 Form 4-A   Family Identity Card       Regulation 95-A
                                                                  particulars added in Form 4
                                                                  to be sent by the employer in quadruplicate alongwith receipt copies
                                                                  of challans to the appropriate office within 42 days of termination of
                ESIC-Return of
   7 Form 6                                Regulation 26          related contribution period; within 21 days of permanent closure of
                Contributions
                                                                  the factory; within 7 days of the date of receipt of requisition from the
                                                                  appropriate office
                                                                  to be maintained by the employer in respect of every employee of his
   8 Form 7     Register Of Employees      Regulation 32
                                                                  factory or establishment
                                                                  this medical certificate is to be issued by the insurance medical officer
   9 Form 8     First Certificate          Regulation 57 & 89-B   during the first examination in respect of a spell of sickness or a spell
                                                                  of temporary disablement
                                                                  to be issued by the insurance meddical officer, when he feels that not
  10 Form 9     Final Certificate          Regulation 58 & 89-B   later than 3 days of the date of examination(other than a first
                                                                  certificate) the insured employee would be fit to resume duties
                                                                  to be submitted by the insured person within 7 days (commencing
  11 Form 10    Intermediate Certificate   Regulation 59 & 89-B   from the date of first certificate) in cases wherein the final certificate
                                                                  is not issued within 7 days of issue of first certificate
to be furnished by the insured person in cases wherein the insurance
               Special Intermediate                                medical officer feels that temporary disablement has continued for not
12 Form 11                                Regulation 61 & 89-B
               Certificate                                         less than 28 days and such disablement is likely to continue for a
                                                                   longer period
                                                                   to be submitted by the insured person desirous of claiming sickness or
               Sickness or Temporary
13 Form 12                                Regulation 63            temporary disablement benefit to the appropriate local office by post
               Disablement Benefit
                                                                   or otherwise alongwith appropriate medical certificates
                                                                   to be submitted by every insured woman claiming maternity benefit
               Maternity Benefit for                               in case of sickness arising out of pregnancy, confinement, premature
14 Form 12-A                              Regulation 89-B
               sickness                                            birth of child or miscarriage to the local appropriate office by post or
                                                                   otherwise
               Sickness or Temporary                               to be submitted by the insured person or insured woman desirous of
               Disablement Benefit or                              claiming sickness or temporary disablement benefit to the appropriate
15 Form 13                                Regulation 63 & 89-B
               Maternity Benefit for                               local office by post or otherwise alongwith appropriate medical
               sickness                                            certificates
                                                                   to be submitted by every insured woman claiming maternity benefit
               Maternity Benefit for                               in case of sickness arising out of pregnancy, confinement, premature
16 Form 13-A                              Regulation 89-B
               sickness                                            birth of child or miscarriage to the local appropriate office by post or
                                                                   otherwise
               Sickness or Temporary                               to be submitted by the insured person or insured woman desirous of
               Disablement Benefit or                              claiming sickness or temporary disablement benefit to the appropriate
17 Form 14                                Regulation 63
               Maternity Benefit for                               local office by post or otherwise alongwith appropriate medical
               sickness                                            certificates
                                                                   to be submitted by every insured woman claiming maternity benefit
               Maternity Benefit for                               in case of sickness arising out of pregnancy, confinement, premature
18 Form 14-A                              Regulation 89-B
               sickness                                            birth of child or miscarriage to the local appropriate office by post or
                                                                   otherwise
                                                                   To be maintained by the employer in which appropriate particulars of
19 Form 15     Accident Book              Regulation 66            any accident causing personal injury to an insured person may be
                                                                   entered and preserved every such book for a period of five years.
               Accident Report from                                to be furnished by the employer to the nearest local office and to the
20 Form 16                                 Regulation 68
               Employer                                            nearest insurance medical officer immediately if the injury is serious
               Dependant's benefit - Death                         To be issued free of charge by the Insurance Medical Officer
21 Form 17                                 Regulations 79 & 95-C
               Certificate                                         attending the disabled person at the time of his death
                                                                   To be submitted by the dependant or dependants concerned or by the
               Dependant's benefit - Claim
22 Form 18                                 Regulation 80           legal representative of the insured member with all supporting
               Form
                                                                   documents to the appropriate local office by post or otherwise
               Dependant's Benefit - Claim                         To be submitted by the dependant whose claim for dependant's
23 Form 18-A   Form for periodical         Regulation 83-A         benefit is admitted, to the local appropriate office except in the case
               Payments                                            of first and final payments
               Maternity Benefit - Notice                          To be submitted by an insured woman before confinement to the local
24 Form 19                                 Regulation - 87
               of Pregnancy                                        appropriate office
Maternity Benefit -                               To be submitted by an insured woman before confinement to the local
25 Form 20                                  Regulation - 87
               Certificate of Pregnancy                          appropriate office
               Maternity Benefit -                               To be submitted by every insured woman claiming maternity benefit
26 Form 21     Certificate of Expected      Regulation - 88      before confinement not earlier than 15 days before the expected date
               Confinement                                       of confinement
                                                                 To be submitted by every insured woman to the local appropriate
                                                                 officestating therein the date on which she ceases to work for
               Maternity Benefit - Claim
27 Form 22                                  Regulation 88 & 89   remuneration and if the insured woman is claiming maternity benefit
               Form
                                                                 for miscarriage the claim form ought to be submitted within 30 days
                                                                 of the date of miscarriage.
               Maternity Benefit -
                                                                 To be submitted by every insured womanwothin 30 days of the date
28 Form 23     Certificate of Confinement Regulation 88 & 89
                                                                 on which her confinement takes place to the local appropriate office
               or Miscarriage
                                                                 To be furnished by an insured woman who has claimed maternity
               Maternity Benefit - Notice
29 Form 24                                  Regulation 91        benefit, if she does work for remuneration on any day during the
               Of Work
                                                                 period for which maternity benefit would be payable to her.
               Maternity Benefit after the
                                                                 To be submitted by the nominee or legal representative of the insured
               death of an insured woman
                                                                 woman to the local appropriate office, a claim for maternity benefit
30 Form 24-A & leaving behind the child /
               24-B                        Regulation 89-A
                                                                 within 30 days of the death of the insured woman, together with a
               Maternity Benefit- Death
                                                                 death certificate in 24-B
               Certificate
                                                                 To be submitted by an insured person declared as permanently
               Claim for Permanent
31 Form 25                                  Regulation 76-A      disabled by a Medical Board to the local appropriate office by post or
               Disablement Benefit
                                                                 otherwise
                                                                 To be submitted by the claimant entitled, to the local appropriate
               Funeral Expenses Claim
32 Form 25-A                                Regulation 95-E      office and in case of a minor, by his guardian and the form ought to
               Form
                                                                 be submitted with all supporting documents
                                                                 To be submitted by every person whose claim for permanent
               Certificate for permanent
33 Form 26                                  Regulation 107       disablement has been admitted at six monthly intervals, a certificate
               disablement benefit
                                                                 attested by such authority as may be specified by the director general
                                                                 To be submitted by every person whose claim for dependant's benefit
               Declaration & Certificate for
34 Form 27                                   Regulation 107-A    has been admitted at six monthly intervals , duly attested by such
               Dependant's Benefit
                                                                 authority as may be specified by the director general
                                                                 To be furnished by every employer to the appropriate office, such
                                                                 particulars & information in respect of abstention of an insured
35 Form 28     Abstention Verification      Regulation 52-A
                                                                 person from work for which sickness benefit or disablement benefit
                                                                 for temporary disablement have been claimed or paid
                                                                 To be furnished by every employer to the appropriate office, such
                                                                 particulars & information in respect of abstention of an insured
36 Form 28-A   Abstention Verification      Regulation 52-A
                                                                 woman from work for which maternity benefit hass been claimed or
                                                                 paid
MS RELATED TO E.S.I.
            Compiled by Shweta Swarnkar

                                Submitting
                                             Remarks
                                 Authority
ESI CONTRIBUTIONS
<HOME>
UTIONS




         Prepared by Shweta Swarnkar
<HOME>
                                     MONTHLY CHALLANS
                               DUE DATE:- 21ST OF EVERY MONTH

         Monlthly Remittance of Contributions

                                                          16th of
                                                     Succeeding
                                                      + 5 days o
HALLANS
 EVERY MONTH


          16th of the
     Succeeding month
      + 5 days of Grace
         Through SBI/SBH




      Prepared by Shweta Swarnkar
<HOME>

                                         HALF YEARLY RETURNS
                                           CONTRIBUTION PERIOD
                                  FINANCIAL YEAR- 1ST APRIL TO 31ST MARCH

1ST CONTRIBUTON PERIOD        FILING PERIOD/DUE DATE   2ND CONTRIBUTON PERIOD

   1st April to 30th Sept                                  1st Oct. to 31st March
                                 1ST OCT- 10TH NOV
                                      11th NOV
                                   (Within 41 days )


                               DOCUMENTS WHILE FILING HALF YEARLY RETURNS




                                                4
                            FORM-6                             MONTHLY
                                                               CHALLANS


                                                                   Prepared by S
TURNS
RIOD
TO 31ST MARCH

CONTRIBUTON PERIOD FILING PERIOD/DUE DATE

1st Oct. to 31st March    1st April-11th May
                              11th MAY
                           (Within 41 days)


 YEARLY RETURNS




                         6
    MONTHLY
    CHALLANS


        Prepared by Shweta Swarnkar
<HOME>

                                                                                            WITH PAYMENT


                                                                                            WITH PAYMENT
                                                        MONTHLY
              E.S.I.
           PROCESSING                                    FILLING

                                                                                          FOR RECORDS

                                                                                          FOR ESIC DEPTT.




                                             EMPLOYER              MONTHLY ESI CHALLANS


                       FORM 1                                        FORM 3                   FORM 3
                      Declaration
                                                        MONTHLY
EMPLOYEE




            FILLING
                                                                    (For Males)                 (For
                        form        SUBMIT
                                       S
                                                        FILLING                               Females)
                      (Details Of                                     (Fill from
                      employee)                                        Form 1)                 (Fill from
                                                                                                Form 1)

                       ISSUES                                           INSURANCE NO.
                                                                                   &
                                                                       (T.I.C.) Temporary
                                                                         identity card.
                                                        HALF YEARLY       FORM 6
                                                                             FORM 6
                                                         FILLING
                                                                        (DetailsFORM 6
                                                                                 Of all
                                                                           (DetailsFORM 6
                                                                                    Of all
                                                                       Previous Month
                                                                              (Details Of all
                                                                          Previous Month
                                                                        Contributions
                                                                           Contributions Of all
                                                                                 (Details
                                                                             Previous Month
                                                                                Previous Month
                                                                              Contributions
                                                                                 Contributions
WITH PAYMENT


 WITH PAYMENT




FOR RECORDS
                                    EMPLOYER
FOR ESIC DEPTT.


                                                     HALF YEARLY
                                          ESI -
                                          CHALLAN
                                          (EVERY
                                                       SUBMIT
                                         MONTH ON
                                         OR BEFORE
   FORM 3                                  21ST)
     (For
   Females)
                      SUBMIT on or before 21st Every month
    (Fill from               MONTHLY
     Form 1)



                                ISSUES



                             HALF YEARLY
                 SUBMIT (Before 11th NOV /11th
                            MAY)



                                                                Prepared by Shweta Swarnkar
<HOME>

                                             ESI Computation



     This column
      is used fro                                          Total Contribution
     filing up the
     Gross salary             Name of                   Employee's
           of        SL.NO   Employee   GROSS Salary   Contribution
      Employees        1                                    0
                       2
                       3
                       4
                       5
     This column       6
      is used for
     filing up the     7
     Name of the       8
      Employees        9
                      10
putation



 Total Contribution

              Employer's
             Contribution   Total       4.75% of Gross
                  0           0            salary




                                       1.75% of Gross
                                           salary




                              Compiled by Shweta Swarnkar
Original / Duplicate /                                                                                 Original / Duplicate /
Triplicate / Quadruplicate                 E.S.I.C.                        Challan No. ……..            Triplicate / Quadruplicate            E.S.I.C.                          Challan No. ……..
                     EMPLOYEE'S STATE INSURANCE FUND ACCOUNT NO.01                                                         EMPLOYEE'S STATE INSURANCE FUND ACCOUNT NO.01
                              PAY-IN-SLIP FOR CONTRIBUTION                                                                          PAY-IN-SLIP FOR CONTRIBUTION
                                        STATE BANK OF INDIA                                                                                 STATE BANK OF INDIA


 Station :Dundahera, Udyog Vihar, Gurgaon                                       Date    12/29/2009     Station :Dundahera, Udyog Vihar, Gurgaon                                   Date    12/29/2009

                        Particulars of Cash / Cheque                                   Rs. P.                                Particulars of Cash / Cheque                                Rs. P.

                                 Cheque No.                                              /-                                          Cheque No.                                            /-

                                                                   TOTAL                 /-                                                                            TOTAL               /-

 Paid into the credit of the employee's State Insurance Fund A/c No.01 Rs. /-                          Paid into the credit of the employee's State Insurance Fund A/c No.01 Rs. /-
 Rupees:      Rs. Only                                                                                 Rupees: Rs. Only

 in Cash / by Cheque (on realisation) for Payment of Contribution as per details given below under     in Cash / by Cheque (on realisation) for Payment of Contribution as per details given below under
 the Employee's State Insurance Act,1948 for the Month of :AUGUST ' 2004                               the Employee's State Insurance Act,1948 for the Month of :AUGUST ' 2004



 Employer's Code No                         : 13 / 24431 / 23                                          Employer's Code No                    : 13 / 24431 / 23
 Name & Address of Factory /                : MANOJ KUMAR                                              Name & Address of Factory /           : MANOJ KUMAR
 Establishment                                                                          Deposited By   Establishment                                                                       Deposited By
                                              UDYOG VIHAR, GURAON - 122016                                                                      UDYOG VIHAR, GURAON - 122016

 No. of Employee's       :                                                                             No. of Employee's       :
 Total Wages             :         /-                                                                  Total Wages             :    /-


                                  Employee's Contribution Rs.                                                                       Employee's Contribution Rs.

                                  Employer's Contribution Rs.                                                                       Employer's Contribution Rs.

                                          Total Contribution Rs.                                                                          Total Contribution Rs.

 (For use in Bank)                                                       (To be filled by depositor)   (For use in Bank)                                                       (To be filled by depositor)
                                    ACKNOWLEDGEMENT                                                                                      ACKNOWLEDGEMENT
 Err:502                                                                                               Err:502


 drawn in                                                                  in favour of Employee's     drawn in                                                                  in favour of Employee's
 State Insurance Fund Account No.01 Sl. No. in Bank's Scroll ………                                       State Insurance Fund Account No.01 Sl. No. in Bank's Scroll ………



                                                                           Authorised Signatory                                                                                  Authorised Signatory
 Dated: …………………                                                            of the receiving Bank       Dated: …………………                                                            of the receiving Bank

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The ESI Act at a Glance

  • 1. The Employees' State Insurance Act, 1948
  • 2. EMPLOYEES’ STATE INSURANCE <HOME> ACT, 1948 & the SCHEME OVERVIEW ESI ACT Applicability of the Act Coverage Rate of Contribution & Scheme of the wages of employees Is extended in area-wise to factories using power Employers’ 4.75% Drawing wages and employing 10 or more Upto Rs.10000/- Employees’ 1.75% persons and to non-power using manufacturing units per Month engaged and establish-ments either directly or employing 20 or more through contractor. person upto Rs.7500/- per month w.e.f. 1.4.2004. It has also been extend-ed Manner and Time Limit upon shops, hotels, for making Payment of contribution restaurants, roads motor transport undertakings, The total amount of contribution (employee’s share and equip-ment maintenance employer’s share) is to be deposited with the authorised staff in the hospitals. bank through a challan in the prescribed form in quadruplicate on ore before 21st of month following the calendar month in which the wages fall due. WAGES FOR ESI CONTRIBUTIONS Contribution Registers/files to be maintained by the employers period To be deemed as wages NOT to be deemed as wages 1st April to 30th •Basic pay •Contribution paid by kthe September. •Dearness allowance employer to any pension/provident •House rent allowance fund or under ESI Act. •City compensatory allowance •Sum paid to defray special 1st October to 31st •Overtime wages (but not to be expenses entailed by the nature of March taken into account for determining employment – Daily allowance paid the coverage of an employee) for the period spent on tour. •Payment for day of rest •Gratuity payable on discharge. •Production incentive •Pay in lieu of notice of •Bonus other than statutory bonus retrenchment compensation Penalties •Night shift allowance •Benefits paid under the ESI •Heat, Gas & Dust allowance Scheme. Different punishment have been •Payment for unsubstituted holidays •Encashment of leave types of offences in terms of Se •Meal/food allowance •Payment of Inam which does not imprisonment and fine Rs.5000) •Suspension allowance form part of the terms of imprisonment and fine), and 85 •Lay off compensation employment. imprisonment and not less to 2 •Children education allowance (not •Washing allowance for livery ESI Act, which are self explanat being reimbursement for actual •Conveyance Amount towards provisions, action also can be ta tuition fee) reimbursement for duty related the IPC in cases where an empl journey from the wages of his employee same to the corporation which a of trust.
  • 3. imprisonment and not less to 2 •Children education allowance (not •Washing allowance for livery ESI Act, which are self explanat being reimbursement for actual •Conveyance Amount towards provisions, action also can be ta tuition fee) reimbursement for duty related the IPC in cases where an empl journey from the wages of his employee same to the corporation which a of trust.
  • 4. E INSURANCE he SCHEME W Compiled by Shweta Swarnkar Contribution THE ESI SCHEME TODAY wages No. of implemented Centres677 rs’ 4.75% No. of Employers covered2.38 lacs es’ 1.75% No. of Insured Persons85 lacs No. of Beneficiaries330 lacs No. of Regional Offices/SRO’s26 No. of ESI Hospitals/Annexes183 No. of ESI Dispensaries1453 No. of Panel Clinics 2950 Benefits ee’s share and To the employees under the Act the authorised form in Medical, sickness, extended sickness for h following the certain diseases, enhanced sickness, ue. dependents maternity, besides funeral expenses, rehabilitation allowance, medical benefit to insured person and his or her spouse. Contribution Contribution period period If the person joined insurance employment for the first time, say on 5th January, his first 1st April to 30th contribution period will be September. from 5th January to 31st March and his corresponding first benefit will be from 5th 1st October to 31st October to 31st December. March Penalties Different punishment have been prescribed for different types of offences in terms of Section 85: (I) (six months imprisonment and fine Rs.5000), (ii) (one year imprisonment and fine), and 85-A: (five years imprisonment and not less to 2 years) and 85-C(2) of the ESI Act, which are self explanatory. 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.
  • 5. imprisonment and not less to 2 years) and 85-C(2) of the ESI Act, which are self explanatory. 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.
  • 6. VARIOUS FORMS RELATED TO E.S.I. <HOME> Compiled by Shweta Swarn FORM S.No TYPE & Description Of the Form Relevant Clause Schedule Of Submission/ Maintenance NO. to be filled in by the employee with his signature or thumb impression 1 Form I Declaration Form Regulation 11 & 12 and submit it to the employer to be filled in by the employee and submitted back to the employer , 2 Form I-A Family Declaration Form Regulation 15-A who shall forward the same to the appropriate office within 10 days from the date of submission by the employee to be submitted by the insured person to the employer within 15 days Changes in family 3 Form I-B Regulation 15-B of such changes occurring and the employer in turn would forward declaration form the same to the appropriate office within 10 days of receipt. to be sent by the employer to the appropriate office within 10 days of 4 Form 3 Return of declaration forms Regulation 14 receipt of the filled up forms to be issued by the appropriate office in respect of all insured employees, and send the same to the employer, who shall issue the 5 Form 4 Identity Card Regulation 17 same to the concerned employee after obtaining the signature in the card to be arranged by the appropriate office and necessary family 6 Form 4-A Family Identity Card Regulation 95-A particulars added in Form 4 to be sent by the employer in quadruplicate alongwith receipt copies of challans to the appropriate office within 42 days of termination of ESIC-Return of 7 Form 6 Regulation 26 related contribution period; within 21 days of permanent closure of Contributions the factory; within 7 days of the date of receipt of requisition from the appropriate office to be maintained by the employer in respect of every employee of his 8 Form 7 Register Of Employees Regulation 32 factory or establishment this medical certificate is to be issued by the insurance medical officer 9 Form 8 First Certificate Regulation 57 & 89-B during the first examination in respect of a spell of sickness or a spell of temporary disablement to be issued by the insurance meddical officer, when he feels that not 10 Form 9 Final Certificate Regulation 58 & 89-B later than 3 days of the date of examination(other than a first certificate) the insured employee would be fit to resume duties to be submitted by the insured person within 7 days (commencing 11 Form 10 Intermediate Certificate Regulation 59 & 89-B from the date of first certificate) in cases wherein the final certificate is not issued within 7 days of issue of first certificate
  • 7. to be furnished by the insured person in cases wherein the insurance Special Intermediate medical officer feels that temporary disablement has continued for not 12 Form 11 Regulation 61 & 89-B Certificate less than 28 days and such disablement is likely to continue for a longer period to be submitted by the insured person desirous of claiming sickness or Sickness or Temporary 13 Form 12 Regulation 63 temporary disablement benefit to the appropriate local office by post Disablement Benefit or otherwise alongwith appropriate medical certificates to be submitted by every insured woman claiming maternity benefit Maternity Benefit for in case of sickness arising out of pregnancy, confinement, premature 14 Form 12-A Regulation 89-B sickness birth of child or miscarriage to the local appropriate office by post or otherwise Sickness or Temporary to be submitted by the insured person or insured woman desirous of Disablement Benefit or claiming sickness or temporary disablement benefit to the appropriate 15 Form 13 Regulation 63 & 89-B Maternity Benefit for local office by post or otherwise alongwith appropriate medical sickness certificates to be submitted by every insured woman claiming maternity benefit Maternity Benefit for in case of sickness arising out of pregnancy, confinement, premature 16 Form 13-A Regulation 89-B sickness birth of child or miscarriage to the local appropriate office by post or otherwise Sickness or Temporary to be submitted by the insured person or insured woman desirous of Disablement Benefit or claiming sickness or temporary disablement benefit to the appropriate 17 Form 14 Regulation 63 Maternity Benefit for local office by post or otherwise alongwith appropriate medical sickness certificates to be submitted by every insured woman claiming maternity benefit Maternity Benefit for in case of sickness arising out of pregnancy, confinement, premature 18 Form 14-A Regulation 89-B sickness birth of child or miscarriage to the local appropriate office by post or otherwise To be maintained by the employer in which appropriate particulars of 19 Form 15 Accident Book Regulation 66 any accident causing personal injury to an insured person may be entered and preserved every such book for a period of five years. Accident Report from to be furnished by the employer to the nearest local office and to the 20 Form 16 Regulation 68 Employer nearest insurance medical officer immediately if the injury is serious Dependant's benefit - Death To be issued free of charge by the Insurance Medical Officer 21 Form 17 Regulations 79 & 95-C Certificate attending the disabled person at the time of his death To be submitted by the dependant or dependants concerned or by the Dependant's benefit - Claim 22 Form 18 Regulation 80 legal representative of the insured member with all supporting Form documents to the appropriate local office by post or otherwise Dependant's Benefit - Claim To be submitted by the dependant whose claim for dependant's 23 Form 18-A Form for periodical Regulation 83-A benefit is admitted, to the local appropriate office except in the case Payments of first and final payments Maternity Benefit - Notice To be submitted by an insured woman before confinement to the local 24 Form 19 Regulation - 87 of Pregnancy appropriate office
  • 8. Maternity Benefit - To be submitted by an insured woman before confinement to the local 25 Form 20 Regulation - 87 Certificate of Pregnancy appropriate office Maternity Benefit - To be submitted by every insured woman claiming maternity benefit 26 Form 21 Certificate of Expected Regulation - 88 before confinement not earlier than 15 days before the expected date Confinement of confinement To be submitted by every insured woman to the local appropriate officestating therein the date on which she ceases to work for Maternity Benefit - Claim 27 Form 22 Regulation 88 & 89 remuneration and if the insured woman is claiming maternity benefit Form for miscarriage the claim form ought to be submitted within 30 days of the date of miscarriage. Maternity Benefit - To be submitted by every insured womanwothin 30 days of the date 28 Form 23 Certificate of Confinement Regulation 88 & 89 on which her confinement takes place to the local appropriate office or Miscarriage To be furnished by an insured woman who has claimed maternity Maternity Benefit - Notice 29 Form 24 Regulation 91 benefit, if she does work for remuneration on any day during the Of Work period for which maternity benefit would be payable to her. Maternity Benefit after the To be submitted by the nominee or legal representative of the insured death of an insured woman woman to the local appropriate office, a claim for maternity benefit 30 Form 24-A & leaving behind the child / 24-B Regulation 89-A within 30 days of the death of the insured woman, together with a Maternity Benefit- Death death certificate in 24-B Certificate To be submitted by an insured person declared as permanently Claim for Permanent 31 Form 25 Regulation 76-A disabled by a Medical Board to the local appropriate office by post or Disablement Benefit otherwise To be submitted by the claimant entitled, to the local appropriate Funeral Expenses Claim 32 Form 25-A Regulation 95-E office and in case of a minor, by his guardian and the form ought to Form be submitted with all supporting documents To be submitted by every person whose claim for permanent Certificate for permanent 33 Form 26 Regulation 107 disablement has been admitted at six monthly intervals, a certificate disablement benefit attested by such authority as may be specified by the director general To be submitted by every person whose claim for dependant's benefit Declaration & Certificate for 34 Form 27 Regulation 107-A has been admitted at six monthly intervals , duly attested by such Dependant's Benefit authority as may be specified by the director general To be furnished by every employer to the appropriate office, such particulars & information in respect of abstention of an insured 35 Form 28 Abstention Verification Regulation 52-A person from work for which sickness benefit or disablement benefit for temporary disablement have been claimed or paid To be furnished by every employer to the appropriate office, such particulars & information in respect of abstention of an insured 36 Form 28-A Abstention Verification Regulation 52-A woman from work for which maternity benefit hass been claimed or paid
  • 9. MS RELATED TO E.S.I. Compiled by Shweta Swarnkar Submitting Remarks Authority
  • 10.
  • 11.
  • 13. UTIONS Prepared by Shweta Swarnkar
  • 14. <HOME> MONTHLY CHALLANS DUE DATE:- 21ST OF EVERY MONTH Monlthly Remittance of Contributions 16th of Succeeding + 5 days o
  • 15. HALLANS EVERY MONTH 16th of the Succeeding month + 5 days of Grace Through SBI/SBH Prepared by Shweta Swarnkar
  • 16. <HOME> HALF YEARLY RETURNS CONTRIBUTION PERIOD FINANCIAL YEAR- 1ST APRIL TO 31ST MARCH 1ST CONTRIBUTON PERIOD FILING PERIOD/DUE DATE 2ND CONTRIBUTON PERIOD 1st April to 30th Sept 1st Oct. to 31st March 1ST OCT- 10TH NOV 11th NOV (Within 41 days ) DOCUMENTS WHILE FILING HALF YEARLY RETURNS 4 FORM-6 MONTHLY CHALLANS Prepared by S
  • 17. TURNS RIOD TO 31ST MARCH CONTRIBUTON PERIOD FILING PERIOD/DUE DATE 1st Oct. to 31st March 1st April-11th May 11th MAY (Within 41 days) YEARLY RETURNS 6 MONTHLY CHALLANS Prepared by Shweta Swarnkar
  • 18. <HOME> WITH PAYMENT WITH PAYMENT MONTHLY E.S.I. PROCESSING FILLING FOR RECORDS FOR ESIC DEPTT. EMPLOYER MONTHLY ESI CHALLANS FORM 1 FORM 3 FORM 3 Declaration MONTHLY EMPLOYEE FILLING (For Males) (For form SUBMIT S FILLING Females) (Details Of (Fill from employee) Form 1) (Fill from Form 1) ISSUES INSURANCE NO. & (T.I.C.) Temporary identity card. HALF YEARLY FORM 6 FORM 6 FILLING (DetailsFORM 6 Of all (DetailsFORM 6 Of all Previous Month (Details Of all Previous Month Contributions Contributions Of all (Details Previous Month Previous Month Contributions Contributions
  • 19. WITH PAYMENT WITH PAYMENT FOR RECORDS EMPLOYER FOR ESIC DEPTT. HALF YEARLY ESI - CHALLAN (EVERY SUBMIT MONTH ON OR BEFORE FORM 3 21ST) (For Females) SUBMIT on or before 21st Every month (Fill from MONTHLY Form 1) ISSUES HALF YEARLY SUBMIT (Before 11th NOV /11th MAY) Prepared by Shweta Swarnkar
  • 20. <HOME> ESI Computation This column is used fro Total Contribution filing up the Gross salary Name of Employee's of SL.NO Employee GROSS Salary Contribution Employees 1 0 2 3 4 5 This column 6 is used for filing up the 7 Name of the 8 Employees 9 10
  • 21. putation Total Contribution Employer's Contribution Total 4.75% of Gross 0 0 salary 1.75% of Gross salary Compiled by Shweta Swarnkar
  • 22. Original / Duplicate / Original / Duplicate / Triplicate / Quadruplicate E.S.I.C. Challan No. …….. Triplicate / Quadruplicate E.S.I.C. Challan No. …….. EMPLOYEE'S STATE INSURANCE FUND ACCOUNT NO.01 EMPLOYEE'S STATE INSURANCE FUND ACCOUNT NO.01 PAY-IN-SLIP FOR CONTRIBUTION PAY-IN-SLIP FOR CONTRIBUTION STATE BANK OF INDIA STATE BANK OF INDIA Station :Dundahera, Udyog Vihar, Gurgaon Date 12/29/2009 Station :Dundahera, Udyog Vihar, Gurgaon Date 12/29/2009 Particulars of Cash / Cheque Rs. P. Particulars of Cash / Cheque Rs. P. Cheque No. /- Cheque No. /- TOTAL /- TOTAL /- Paid into the credit of the employee's State Insurance Fund A/c No.01 Rs. /- Paid into the credit of the employee's State Insurance Fund A/c No.01 Rs. /- Rupees: Rs. Only Rupees: Rs. Only in Cash / by Cheque (on realisation) for Payment of Contribution as per details given below under in Cash / by Cheque (on realisation) for Payment of Contribution as per details given below under the Employee's State Insurance Act,1948 for the Month of :AUGUST ' 2004 the Employee's State Insurance Act,1948 for the Month of :AUGUST ' 2004 Employer's Code No : 13 / 24431 / 23 Employer's Code No : 13 / 24431 / 23 Name & Address of Factory / : MANOJ KUMAR Name & Address of Factory / : MANOJ KUMAR Establishment Deposited By Establishment Deposited By UDYOG VIHAR, GURAON - 122016 UDYOG VIHAR, GURAON - 122016 No. of Employee's : No. of Employee's : Total Wages : /- Total Wages : /- Employee's Contribution Rs. Employee's Contribution Rs. Employer's Contribution Rs. Employer's Contribution Rs. Total Contribution Rs. Total Contribution Rs. (For use in Bank) (To be filled by depositor) (For use in Bank) (To be filled by depositor) ACKNOWLEDGEMENT ACKNOWLEDGEMENT Err:502 Err:502 drawn in in favour of Employee's drawn in in favour of Employee's State Insurance Fund Account No.01 Sl. No. in Bank's Scroll ……… State Insurance Fund Account No.01 Sl. No. in Bank's Scroll ……… Authorised Signatory Authorised Signatory Dated: ………………… of the receiving Bank Dated: ………………… of the receiving Bank