to any part of the amount exempt from attachment in execution of a decree of a MANNER AND TIME LIMIT FOR MAKING PAYMENT OF CONTRIBUTION: EPFO Launched new Grievance Management Portal, Enhanced the cash benefit payable to the family of EPF subscribers on their death in service from present maximum of rs.60,000 to rs.1.00 lakh. A. In order to prevent this, the Act allows courts to punish employers with imprisonment as well as fines. employer or any person who holds or may subsequently hold money for or on Subject to the provisions of this Act, all employees in factories or establishments to which this Act applies shall be insured in the manner provided by this Act. civil court under section 60 of the Code of Civil Procedure, 1908. issued to any person who holds or may subsequently hold any money for or on (vi) Where a person to whom a notice under Benefits under the scheme have also been extended to apprentices and trainees employed under Apprentice Act and Standing Order Act. extent of the amount so paid. 25(E).—In exercise of the powers conferred by Section 5, read with sub-section (1) of Section 7 of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952), the Central Government hereby makes the following Scheme, further to amend the Employees’ Provident Funds Scheme, 1952. namely. 10000 TO Rs. Contribution is the sum of money payable to the Corporation by the Principal employer in respect... CHAPTER VII- PENALTIES  84. April, 1948] An Act to provide for certain benefits to employees in case of sickness, maternity and employment injury and to make provision for … Section 91 A of the Act is amended to removing. Act ID: 194834: Act Number: 34: Enactment Date: 1948-04-19: Act Year: 1948: Short Title: The Employees State Insurance Act, 1948: Long Title: 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. Employees State Insurance Act, 1948 | Employee's State Insurance Corporation, Ministry of Labour & Employment, Government of India Section 45 in The Employees' State Insurance Act, 1948. Section 45G [ View Judgements] OTHER MODES OF RECOVERY (1) Notwithstanding the issue of a certificate to the Recovery Officer under section 45C-, the Director General or any other officer authorised by the Corporation may recover the amount by any one or more of the modes provided in this section. (1) Notwithstanding the issue of a certificate to the Recovery Officer under section 45C, the Direc­tor General or any other officer authorised by the Corporation may recover the amount by any one or more of the modes provided in this section. Short title, extent, commencement and application.—(1) This Act may be called the Employees’ State Insurance Act, 1948. Any contribution payable under this Act may be recovered as an arrear of land revenue. Other modes of recovery (1) Notwithstanding the issue of a certificate to the Recovery Officer under section 45C, the Director General or any other officer authorized by the Corporation may recover the amount by any one or more of the modes provided in this section. (x) If the person to whom a notice under this sub-section is sent fails to make payment in pursuance thereof to the Director General or the officer so authorised, he shall be deemed to be a principal or immediate employer in default in respect of the amount specified in the notice and further proceedings may be taken against him for the realisation of the amount as if it were an arrear due from him, in the manner provided in sections 45C to 45F and the notice shall have the same effect is an attachment of a debt by the Recovery Officer in exercise of his powers under section 45C. (3) The authorised officer shall intimate to the Recovery Officer any orders withdrawing or cancelling a certificate or any correction made by him under sub-section (2) or any amendment made under sub-section (4) of section 45F. Accident occurring to an insured person while commuting from his residence to the place of employment and vice-a-versa shall be deemed to have arisen out of and in the course of employment for the purpose of benefit under the Act. the officer so authorized to the extent of his own liability to the principal Proceedings would not stand vitiated on account of absence of notice.--. establishment or, as the case may be, the principal or immediate employer who Unfortunately, the raising of exorbitant and blatant ESI demands u/s 45A of ESI Act, 1948, under the disguise of non-co-operation from the factory or establishment, has become a routine and regular feature, now a days. 34 of Year 1948, dated 19th. The compensation payable on Permanent Total Disablement from the injury, is (i) minimum of Rs.90000 is increased to Rs.140000 or (ii) 60% of the monthly wages of deceased multiplied by the relevant factor. may be, from the principal or immediate employer by distraint and sale of its 63 OF 19481 [23rd September, 1948.] A new section 51-E has been added for this purpose. (1) The contribution payable under this Act in respect of an employee shall comprise contribution payable by the employer (hereinafter referred to as the employer's contribution) and contribution payable by the employee (hereinafter referred to as the employee's contribution) and shall be paid to the Corporation. to a post office, bank or an insurer, it shall not be necessary for any pass ... in contravention of section 73 or any regulation dismisses, discharges, reduces or otherwise punishes an employee, or. to require such person to pay any such sum or part thereof, as the case may be, to comply with such notice, and, in particular, where any such notice is issued Section 45G in The Employees' State Insurance Act, 1948. Dependent parents as per definition of “family” has been substituted so as to include; The definition of Factory under Section 2(12) has been amended to expand coverage of smaller factories. the case may be, the principal or immediate employer in respect of arrears or 1258(E) vide Ministry of Labour & Employment dated 31st May 2010. (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. Section No. [Act No. Text Search: 142 Record(s) | Page [1 of 15] Section - 1. this sub-section is sent objects to it by a statement on oath that the sum General or, as the case may be, the officer so authorized and in the case of a CONTRIBUTION OF ALLOWANCES Whether the allowances paid to the employees are subject to E. S1 . to the principal or immediate employer at his last address known to the Director notwithstanding any rule, practice or requirement to the contrary. 1[45C. A new Chapter V-A has been added to enable provision for extending medical care to non insured persons against payment of user-charges to facilitate providing medical care to the below poverty line (BPL) families and other un-organized sector workers covered under the Rashtriya Swasthya Bima Yojana (RSBY). any arrears of amount due from a factory or an establishment or, as the case (2) Any Inspector appointed by the Corporation under sub-section (1) (hereinafter referred to as Inspector), or other official of the Corporation authorised in this behalf by it may, for the purposes of enquiring into the correctness of any of the particulars stated in any return referred to in section 44 or for the purpose of ascertaining whether any of the provisions of this Act has been complied with--, (a) require any principal or immediate employer to furnish to him such information as he may consider necessary for the purposes of this Act; or, (b) at any reasonable time enter any office, establishment, factory or other premises occupied by such principal or immediate employer and require any person found in charge thereof to produce to such Inspector or other official and allow him to examine such accounts, books and other documents relating to the employment of persons and payment of wages or to furnish to him such information as he may consider necessary; or. In the Employees’ Provident Funds Scheme, 1952, (hereinafter referred to as the said Scheme), in paragraph 60, after sub-paragraph (5), the following sub-paragraph shall be substituted, namely:—, “(6) Interest shall not be credited to the account of a member from the date on which it has become Inoperative Account, under the provisions of sub-paragraph (6) of paragraph 72”, 3. 6110 per month. (4) The Director General or the officer authorised by the Corporation in this behalf may apply to the court in whose custody there is money belonging to the principal or immediate employer for payment to him of the entire amount of such money, or if it is more than the amount due, an amount sufficient to discharge the amount due. Section – 85: This section deals with penalties for non – compliance with the various provisions of the ESI Act and Regulations made there under. The Commissioner shall dispose compensation cases within a time period of 3 months. 155 per day, Rs. (ix) Any person discharging any liability to the principal or immediate employer after the receipt of a notice under this sub-section shall be personally liable to the Director General or the officer so authorised to the extent of his own liability to the principal or immediate employer so discharged or to the extent of the principal or immediate employer's liability for any sum due under this Act, whichever is less. (5)(a) If any contribution payable under this Act is not paid by the principal employer on the date on which such contribution has become due, he shall be liable to pay simple interest at the rate of twelve per cent per annum or at such higher rate as may be specified in the regulations till the date of its actual payment : PROVIDED that higher interest specified in the regulations shall not exceed the lending rate of interest charged by any scheduled bank. employer so discharged or to the extent of the principal or immediate retrospective grant of exemption from the provision of the Act, ESIC Launched New Online Portal for Submitting Application and Returns, ESI WAGE CEILING ENHANCED FROM Rs. esic services will be available to these mobile and migratory workers with no geographical barrier. Employees State Insurance Act, 1948 | Employee's State Insurance Corporation, Ministry of Labour & Employment, Government of India fails or refuses to submit any return required by the regula­tions, or makes a false return, or (5) The Director General or any officer of the Corporation may, the date of the notice shall be void as against any demand contained in the (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 the 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. Contribution deduction? All the directors are excluded and even those directors who are designated as occupier, from the liability to be proceeded against in case there is some lapse exhibited by the company in respect of the remittances of the employer and employee's share of contributions under the ESI Act.--, There can be the conviction of the person accused for the non-compliance of the submission of the contribution cards to the corporation under s. 85(a) of the Act.--. … This amendment is notified vide Central Government Notification No. book, deposit receipt, policy or any other document to be produced for the notice. account of the factory or establishment or, as the case may be, the principal (2) If any amount is due from any person to any factory or … An Act to consolidate and amend the law regulating labour in factories. money belonging to the principal or immediate employer for payment to him of Employees’ State Insurance Act, 1948. notice issued under this sub-section and the person so paying shall be fully Exemption of a factory or establishment or class of factories or establishments from the operation of this Act will 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. 523(e), dated the 18th june, 2010. Act may be called the Employees' State Insurance Act, 1948. (2) The contributions shall be paid at such rates as may be prescribed by the Central Government : PROVIDED that the rates so prescribed shall not be more than the rates which were in force immediately before the commencement of the Employees' State Insurance (Amendment) Act, 1989. The Act contains several important definitions and provisions that regulate these workers. THE FACTORIES ACT, 1948 ACT NO. whichever is less. immediate employer, then, nothing contained in this sub-section shall be deemed CHAPTER II - CORPORATION, STANDING COMMITTEE AND M... CHAPTER I - Short title and extent & Definitions. Factory is defined under section 2(12) as "any premises including... ADVERTISING AGENCY IS A SHOP OR NOT? EMPLOYEES’ STATE INSURANCE ACT, 1948 [Act No. joint account to all the joint-holders at their last addresses known to the The provisions of the Second and the Third Schedules to the Income Tax Act, 1961 and the Income Tax (Certificate Proceedings) Rules, 1962, as in force from time to time, shall apply with necessary modifications as if the said provisions and the rules referred to the arrears of the amount of contributions, interests or damages under this Act instead of to the income-tax: PROVIDED that any reference in the said provisions and the rules to the "assessee" shall be construed as a reference to a factory or an establishment or the principal or immediate employer under this Act. 195 per day, Rs. The Employees State Insurance Act, 1948 is beneficial and social legislation. The appropriate Government is empowered to extend the provisions of ESIC Act 1948 to any other establishment or class of establishments, industrial, commercial, agricultural or otherwise after giving one month’s notice of its intention of doing so by notification in Official Gazette instead of notice period of six months. (d) the issue, sale custody, production, inspection and delivery of books or cards and the replacement of books or cards which have been lost, destroyed or defaced. Published in the gazette of india, part ii, section 3, subsection (i), vide number g.s.r. Short title and extent. 10000 TO Rs. (1A) The immediate employer shall maintain register of employees employed by or through him as provided in the regulations and submit the same to the principal employer before the settlement of any amount payable under sub-section (1). Medical benefits to the insured person and his spouse have been extended under circumstances where insured person retires under Voluntary Retirement Scheme or takes premature retirement. amount the arrears due from such factory or establishment or, as the case may be, (3) It shall come into force on such date or dates3* as the Central Government may, by notification in the Official Gazette, appoint, and different dates 3* may be appointed for different the whole of the money when it is equal to or less than that amount. It basically provides for payment of benefits to workers in cases of sickness, maternity, injury, etc. (vii) The Director General or the officer so Bar against receiving or recovery of compensation or damag­es under any other law. 1. or immediate employer, to pay to the Director General either forthwith upon the 3 [***]]. (iv) Save as otherwise provided in this sub-section, every person to whom a notice is issued under this sub-section shall be bound to comply with such notice, and, in particular, where any such notice is issued to a post office, bank or an insurer, it shall not be necessary for any pass book, deposit receipt, policy or any other document to be produced for the purpose of any entry, endorsement or the like being made before payment is made notwithstanding any rule, practice or requirement to the contrary. Act has been extended to shops by some of the Stales by invoking section 1(5) of the Act... >> How wages are computed for payment of contribution? The Employees State Insurance Act, 1948 The ESI Act has been passed to provide for certain benefits to employees in case of sickness, mater... (i) APPLICABILITY OF THE ACT • Factory - Hotel-Kitchen manufacturing process - Whether hotel falls within the purview of definition of fac... >> What is 'Contribution'? by the Recovery Officer in exercise of his powers under section 45C. particular, such person shall be personally liable to the Director General or (3) Where the order giving rise to a demand of amount for which a certificate for recovery has been issued has been modified in appeal or other proceedings under this Act, and, as a consequence thereof, the demand is reduced but the order is the subject-matter of a further proceeding under this Act, the authorised officer shall stay the recovery of such part of the amount of the certificate as pertains to the said reduction for the period for which the appeal or other proceeding remains pending. the entire amount of such money, or if it is more than the amount due, an For the purposes of sections 45C to 45H : (a) "authorised officer" means the Director General, Insurance Commissioner, Joint Insurance Commissioner, Regional Director or such other officer as may be authorised by the Central Government, by notification in the Official Gazette; (b) "recovery officer" means any officer of the Central Government, State Government or the Corporation, who may be authorised by the Central Government, by notification in the Official Gazette, to exercise the powers of a recovery officer under this Act. (3) Every principal and immediate employer shall maintain such registers or records in respect of his factory or establishment as may be required by regulations made in this behalf. Proviso to sub section 3 of section 56 has been substituted to provide the same. Download Emploee's Compensation (Amnd) Act, 2010, Download Emploee's Compensation Wage Limit Notification. (iv) Save as otherwise provided in this sub-section, relation to which a notice under this sub-section has been issued arising after 15000 w.e.f 01-05-2010 (2) Where a factory or an establishment or the principal or immediate employer has property within the jurisdiction of more than one Recovery Officers and the Recovery Officer to whom a certificate is sent by the authorised officer--, (a) is not able to recover the entire amount by the sale of the property, movable or immovable, within his jurisdiction; or. 34 of Year 1948, dated 19th. 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