2. This presentation is made by vaishali
jindal(MSW III Sem)
And a special thank to Dr. R.k.Bharti
3. 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.
4. It extends to the whole of India.
Under sec.2(12) this act is applicable to the
factories employing 10 or more persons
irrespective of whether power is used in the
process of manufacturing or not.
Under sec.1(5) of act ,the scheme has been
extends to shop , hostels, restaurants, cinemas
including preview theatre establishment
employing 20 more persons .
5. Under sec 1(5) of this act, the scheme has
been extend to private medical institution and
educational institutions employing 20 or more
persons in certain states.
The existing wage limit for coverage the act is
RS. 21,000/-
6. “CONFINEMENT’’ means labour resulting in the
issues of a living child or labour after 26 weeks
of pregnancy resulting in the issues of a child
whether alive or dead.
“CONTRIBUTION” means the sum of money
payable to the corporation by the principal
employer in respect of an employee and
includes any amount payable by or on behalf of
the employee in accordance with the provisions
of this act;
7. “DULY APPOINTED” means appointed in
accordance with the provisions of this act or
with the rules or regulation made there under;
o ‘’INSURED PERSON’’ means a person who is
or was an employee in respect of whom
contributions are or were payable under this
act and who is by reason thereof, entitled to
any of the benefits provided by this act.
8. The corporation shall be consist of the following members namely:
A chairman, vice-chairman to be appointed by the central govt. Not more
than 5 persons to be appointed by the central government.
One person each representing each of the state in which this act is in
force to be appointed by state government concerned.
One person to be appointed by central government to represent the union
territories.
10 persons representing employers.
10 persons representing employees.
2 persons representing the medical profession.
3 members of parliament of whom 2 shall be members of the house of
people (Lok sabha) and 1 shall be a member of the council of states
(Rajya sabha) elected respectively by the members of the house of the
people and the members of council of states;
9. EMPLOYEES’ STATE INSURANCE FUND :(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.
(2)The corporation may accept grants,
donations and gifts from the central or any
state government , local authority or any
individual or body whether incorporated or not ,
all or any of the purposes of this act.
10. The ESI scheme is financed and function
largely through contribution from employers
and employees.
The rate of contribution by employer is 4.75%
of the wages payable to employees . The
employees contribution is the rate of 1.75% of
the wages payable to an employee.
11. CONTRIBUTION PERIOD BENEFIT PERIOD
o 1ST APRIL to 30TH
SEPTEMBER
o 1ST OCTOBER to 31ST
MARCH
o 1st JANUARY to 30th
JUNE
o 1ST JULY to 31st
DECEMBER
13. An insured person or a member of his family
whose conditions requires medical treatment
and attendance shall be entitled to receive
medical benefit.
14. The qualification of a person to claim sickness
benefit, the conditions subject to which such
benefit may be given, the rate and period
thereof shall be such as may be prescribed by
the control government.
15. The qualification of an insured woman to claim
maternity benefit, the conditions subject to
which such benefit may be given, the rates and
period thereof shall be such as may be
prescribed by the central government.
16. In case of death due to employment injury the
family is entitled to payment of dependant
benefit at the rate about 90 %of his wages.
There is no contributory conditions for this
benefit.
17. TDB: A person who sustains temporary
disablement for not less than three days (excluding
the day of accident) shall be entitled to periodical
payment [at such rates and for such period and
subject to such conditions as may be prescribed by
the central government].
PDB: A person who sustains permanent
disablement, whether total or partial, shall be
entitled to periodical payment[at such rates and for
such periods and subject to such conditions as
may be prescribed by the central government].
18. As prescribed by the central government, an
amount of Rs-5000/- is payable to the
dependents or to the person who performs last
rites from day one of entering insurable
employment.
19. PUNISHMENT FOR FALSE
STATEMENT:
REASON-
Whoever, for the purpose
of causing any increase in
payment.
Whoever, for the purpose
of causing any payment
or benefit to be made
where no payment.
Whoever, for the purpose
of avoiding any payment
to be made by himself
under this act.
PENALITY
Punishable with
imprisonment for a term
which may extend to 6
months, or with fine not
exceeding Rs-2000/- or
with both.
20. REASON
Fails to pay any
contribution which
under this act he is
liable to pay.
In case of failure to
pay the employees
contribution which has
been deducted by him
from the employees
wages.
PENALITIES
Fine of Rs-10,000/-
and imprisonment
which shall not be
less than 6 months.
Imprisonment for a
which may extend to 1
year or with fine which
may extend to Rs-
4000/-, or with both.
