State Insurance under The Employee's State Insurance Act,1948. Required fields are marked *. It applies to all factories (including Government factories but excluding seasonal factories) employing ten or more persons and carrying on a manufacturing process with the aid of power or employing 20 or more persons and carrying on a manufacturing process without the aid of power and such other establishments as the Government may specify. (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 address at which communication relating to the factory should be sent. 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The Employee State Insurance Act, [ESIC] 1948, is a piece of social welfare legislation enacted primarily with the object of providing certain benefits to employees in case of sickness, maternity and employment injury and also to make provision for certain others matters incidental thereto. They should not have any direct or indirect interest in what goes on in factories. Such other particulars as may be prescribed. PENALITIES AND PROCEDURE UNDER FACTORIES ACT 1948:-The Factory Act, 1948 was enacted for betterment of condition of workmen in factories. The appropriate Government may exempt any factory or establishments or class of factories or establishments or any employee or class of employees from the provisions of this Act. It is one of the retirement benefits given by the employer to the employ... INTRODUCTIONPension can be rightly termed as a financial security during old age, when there is no direct source of income. If the State Government or Chief Inspector do not grant permission to the site, construction or extension of a factory, or to the registration and licensing of a factory, the applicant may within 30 days of the date of such refusal appeal to: (i) the Central Government against the order of the State Government; (ii) the State Government against the order of any other authority. 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 … 85A and 85B of the ESI Act is to authorise the Regional Director of ESI Corporation to impose exemplary or punitive damages and thereby prevent the employees from making default.-- ESI Corporation v. M/s Venkatachalam Condiments 1995 (2) LLJ 1144. The term Plea Bargaining can be de... Anticipatory bail is a direction to release a person on bail, issued even before the person is arrested. Persons accessing this site are encouraged to seek independent counsel for advice in India abroad regarding their individual legal, civil criminal issues or consult one of the experts online. A new Chapter XXI A on Plea Bargaining was introduced in the Criminal Procedure Code, 1973. Introduction. Vijay Associates - Service Provider of Factories Act, ESI - (Employee State Insurance Act, 1948) & PF - (Provident Fund Act, 1952) from Chennai, Tamil Nadu, India 2 [( 2 ) It extends to the whole of India 3 ***.] The Employees State Insurance Act of 1948 has been enacted with the objective of securing financial relief in cases of sickness, maternity, disablement and for providing medical benefits to employees of factories and establishments, and their dependents. Act may be called the Employees' State Insurance Act, 1948. Authorities and Powers under ESI Act 1948. 01/01/1997) on the cost of labour charges can be made on actual basis, if details/break up (such as cost of material The total rated horse power installed or to be installed in the factory which shall not include the rated horse power of any separate standby plant. Every summon shall be served by a police officer, or by an off... F.I.R. registered under the ESI & EPF Act, you can make deduction of the ESI Contribution from the amounts payable every month to the contractor. (S. Kunju v. Kerala, (1985) 2 LLJ 106). Your email address will not be published. . In criminal proceedings once a Police Officer receives information about the commission of an offence he is entitled to start investigation of the matter. In a case it has been held that the cycle allowance given to the employees is nothing but traveling concession and the value of cycle allowance falls in exception (b) of section 2(22) of the Act. Factories working with the aid of power wherein less than 10 persons are employed; Factories working without the aid of power wherein less than 20 persons are employed; Seasonal factories engaged exclusively in any of the following activities viz. In the matter of the S. Palanivel v. Your email address will not be published. During a period for which no person has been designated as Manager of a factory or during which the person designated does not manage the factory any person found acting as manager, will be the manager for the purposes of the Act. 34 of 1948] 1 [19. th April, 1948. The Act extends to the whole of India. Short title, extent and commencement.—(1) This Act may be called the Factories Act, 1948. Section 6 empowers the State Government to make rules with regard to licensing and registration of factories under the Act on following matters: If an application is made for the approval of site for construction or extension of the factory and required plans and specifications have been submitted by registered post to the State Government or the Chief Inspector and if no reply is received within three months from the date on which it is sent the application stands automatically approved [Section 6(2)]. ( 3 ) It shall come into force on the 1st day of April 1949. Employee State Insurance Act, 1948 – An overview. Employees’ State Insurance Scheme (ESI) is social security and welfare scheme aimed at providing medical care and other related benefits to the workers/employees working in various factories and establishments. All of these benefits must arise in the course of employment in order to enable workers to access them. Yet some employers have still not applied the prescribed guidelines. Under factories act 1948 , the procedure for licensing and registration is given under various sections. Its procedure is as following :-. Hence the act prescribes fines and imprisonment if the employers fail to apply factory act in true spirit. Section 7 imposes an obligation on the occupier of a factory to send a written notice, containing prescribed particulars, to the Chief Inspector at least 15 days before an occupier begins to occupy or use a premises as a factory and at least 30 days before the date of resumption of work in case of seasonal factories, i.e. The ESI Act, 1948 in the first instance, applies to: o Factories using power in the manufacturing process and employing 10 or more persons. The name of the Manager of the factory for the purpose of this Act. Its procedure is as following :- 34 of Year 1948, dated 19th. Medical Benefit council. Bail commonly means release on one's own bond, with or without sureties. Why this ESIC Act, 1948 came into force: This Act is designed to complete the task of protecting “Employees” as defined in the ESI Act – 1948, against the hazards of Sickness, Maternity, Disablement or Death due to Employment injury and to provide full Medical care to … The following penalties can be imposed:-(a) Imprisonment for a term which may extend to one year; (b) Fine which may extend to one lakh rupees; or (c) Both fine and imprisonment. is the abbreviated form of First Information Report. POWERS. A summon may be issued in both criminal and in civil cases. A notice must contain following particulars: Notice where new manager is appointed Whenever a new manager is appointed, the occupier shall send to the Inspector a written notice and to the Chief Inspector a copy thereof, within seven days from the date on which such person takes over charge. (Dhropadabai and Others Vs. M/s. It is an autonomous corporation regulated under the supervision of the Ministry … Act. Employers are not required to provide separate sick leaves to the employees covered under ESI Employer’s contribution is a qualified expense under the Income Tax Act. ESI is a Medical insurance for eligible Individuals and his/her immediate family members covered under the scheme. factories working for less than 180 days in a year. The ESI Act, 1948 in the first instance, applies to: Factories using power in the manufacturing process and employing 10 or more persons; Non-power using factories or establishments employing 20 or more persons for wages. EMPLOYEES’ STATE INSURANCE ACT, 1948 [Act No. As defined in the Employees' State Insurance Act, 1948, Employee State Insurance provides financial protection to employees against ailments, disablement or demise as a result of work injuries. Procedures to be employed in the Criminal procedure Code, 1973 employees avail! 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