In cases, however, where the disablement lasts for over 7 days the disablement benefit is payable from the first day of disablement. 17-6-1967). 500 per month. (2) In the event of the Corporation exercising its power under sub-section (1), the provisions relating to medical benefit under this Act shall apply, so far as may be, as if a reference therein to the State Government were a reference to the Corporation. 104. by Act, 29 of 1989, S. 19 (w.e.f. Subs. The relief shall not exceed twenty-five per cent (25%) of the average earning per day. 1-6-2010). (c) a minor brother or an unmarried sister or a widowed sister if a minor, (f) a minor child of a pre-deceased daughter where no parent of the child is alive, or, (g) a paternal grandparent if no parent of the insured person is alive;]. S.O. (2) Any assessment of the extent of the disablement resulting from the relevant employment injury may also be reviewed by a medical board, if it is satisfied that since the making of the assessment there has been a substantial and unforeseen aggravation of the results of the relevant injury: Provided that an assessment shall not be reviewed under this sub-section unless the medical board is of opinion that having regard to the period taken into account by the assessment and the probable duration of the aggravation aforesaid, substantial injustice will be done by not reviewing it. by the A.O. 20-10-1989). by Act, 29 of 1989, S. 2(iii) (w.e.f. 4-5, No. 248[(1-A) Every such application shall be made within a period of three years from the date on which the cause of action arose. The minimum period of disablement which will entitle him to the benefit is 7 days. 294[(ei)] the manner in which and the time within which appeals may be filed to medical appeal tribunals or Employees' Insurance Courts; (f) the procedure to be adopted in the execution of contracts; (g) the acquisition, holding and disposal of property by the Corporation; (i) the investment of the funds of the Corporation and of any provident or other benefit fund and their transfer or realisation; (j) the basis on which the periodical valuation of the assets and liabilities of the Corporation shall be made; (k) the bank or banks in which the funds of the Corporation may be deposited, the procedure to be followed in regard to the crediting of moneys accruing or payable to the Corporation and the manner in which any sums may be paid out of the Corporation funds and the officers by whom such payment may be authorised; (l) the accounts to be maintained by the Corporation and the forms in which such accounts shall be kept and the times at which such accounts shall be audited; (m) the publication of the accounts of the Corporation and the report of auditors, the action to be taken on the audit report, the powers of auditors to disallow and surcharge items of expenditure and the recovery of sums so disallowed or surcharged; (n) the preparation of budget estimates and supplementary estimates and the manner in which such estimates shall be sanctioned and published; (o) the establishment and maintenance of provident or other benefit fund for officers and servants of the Corporation; 295[* * *], 296[(oa) the period of non-entitlement for cash benefit in case of conviction of an insured person;]. 52 and 52-A Subs. 120. Subs. Diseases caused by arsenic or its toxic compounds. Term of office of members of the Corporation. 37. 2-4. Diseases caused by mercury or its toxic compounds. (c) not more than five persons to be 54[appointed] by the Central Government 55[* * *]; (d) one person each representing each of the 56[57[States] in which this Act is in force] to be 58[appointed] by the State Government concerned; (e) one person to be 59[appointed] by the Central Government to represent the 60[Union Territories]; (f) 61[ten] persons representing employers to be 62[appointed] by the Central Government in consultation with such organisations of employers as may be recognised for the purpose by the Central Government; (g) 63[ten] persons representing employees to be 64[appointed] by the Central Government in consultation with such organisations of employees as may be recognised for the purpose by the Central Government; (h) two persons representing the medical profession to be 65[appointed] by the Central Government in consultation with such organisations of medical practitioners as may be recognised for the purpose by the Central Government; 66[* * *], 67[(i) three members of Parliament of whom two shall be members of the House of the People (Lok Sabha) and one 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 the Council of States; and, (j) the Director-General of the Corporation, ex officio.]. by Act, 44 of 1966, S. 28 (w.e.f. 28-1-1968). 161[(1) Every principal and immediate employer shall submit to the Corporation or to such officer of the Corporation as it may direct such returns in such form and containing such particulars relating to persons employed by him or to any factory or establishment in respect of which he is the principal or immediate employer as may be specified in regulations made in this behalf. (a) claim for the recovery of contributions from the principal employer; (b) claim by a principal employer to recover contributions from any immediate employer; (d) claim against a principal employer under Section 68; (e) claim under Section 70 for the recovery of the value or amount of the benefits received by a person when he is not lawfully entitled thereto; and. 221. 17-6-1967). 2897, dated the 12th October, 1996, S.O. Subs. (4) In default of agreement between the Corporation and any State Government as aforesaid the nature and extent of the medical treatment to be provided by the State Government, and the proportion in which the cost thereof and of the excess in the incidence of sickness benefit shall be shared between the Corporation and that Government, shall be determined by an arbitrator (who shall be or shall have been a Judge of the 216[High Court 217[of a State]]) appointed by the Chief Justice of India (and the award of the arbitrator) shall be binding on the Corporation and the State Government. 27. This article will explain the highlight sections of the Act, as well as elaborate land… Ins. (1) The proceedings before an Employees' Insurance Court shall be commenced by application. 219. All work involving exposure to the risk concerned.]. (iv) a child who is infirm by reason of any physical or mental abnormality or injury and is wholly dependent on the earnings of the insured person, so long as the infirmity continues; 30[(v) dependant parents, whose income from all sources does not exceed such income as may be prescribed by the Central Government; (vi) in case the insured person is unmarried and his or her parents are not alive, a minor brother or sister wholly dependant upon the earnings of the insured person;]], 31[(12) factory means any premises including the precincts thereof whereon ten or more persons are employed or were employed on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on or is ordinarily so carried on, but does not include a mine subject to the operation of the Mines Act, 1952 (35 of 1952) or a railway running shed;]. 23. The Notes on clauses explain in detail the provisions of the Bill. 143[(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. 221[59-A. 183. 1-2-1991). 1-2-1991). 257[85-A. The rate of such benefits is about 7/12th, that is, more than half of the average wages he would have earned had he been well and at work. 28-1-1968). That is to say, he will not receive a lump sum once and for all. 8. Subs. 1-2-1991). Hence, the present Bill. Insurance No. by Act, 44 of 1966, S. 7 for six (w.e.f. Subs. I, II, III and VIII enforced throughout India vide Noti. An accident occurring to an employee while commuting from his residence to the place of employment for duty or from the place of employment to his residence after performing duty, shall be deemed to have arisen out of and in the course of employment if nexus between the circumstances, time and place in which the accident occurred and the employment is established.]. The contingency of unemployment should not have been as a result of any punishment for mis-conduct or superannuation or voluntary retirement. ], 222[59-B. 6. Its introduction in other States is still under consideration. (5) The principal employer shall bear the expenses of remitting the contributions to the Corporation. The Corporation shall, at intervals of 142[three years], have a valuation of its assets and liabilities made by a valuer appointed with the approval of the Central Government: Provided that it shall be open to the Central Government to direct a valuation to be made at such other times as it may consider necessary. In exercise of the powers conferred by sub-section (2) of Section 1 of the Employees' State Insurance (Amendment) Act, 1989 (29 of 1989), the Central Government hereby appoints the September 1, 1991, as the date on which the provisions of Section 16 of the said Act shall come into force. Subs. Subs. (2) Contribution (both the employer's contribution and the employee's contribution) shall be payable by the principal employer for each 155[wage period] 156[in respect of the whole or part of which wages are payable to the employee and not otherwise. (3) Notwithstanding any contract to the contrary, neither the principal employer nor the immediate employer shall be entitled to deduct the employer's contribution from any wages payable to an employee or otherwise to recover it from him. 20-10-1989). 147. ], 322[At any time when its funds so permit, the Corporation may provide or contribute towards the cost of medical care for the families of insured persons.]. 28-1-1968). Subs. (1) Save as otherwise expressly provided in this Act, the term of office of a member of the Standing Committee, other than a member referred to in clause (a) or 85[clause (b) or clause (bb)] of Section 8, shall be two years from the date on which his election is notified: Provided that a member of the Standing Committee shall, notwithstanding the expiry of the said period of two years, continue to hold office until the election of his successor is notified: Provided further that a member of the Standing Committee shall cease to hold office when he ceases to be a member of the Corporation. 30. Subs. (vi) Where a person to whom a notice under this sub-section is sent objects to it by a statement on oath that the sum demanded or any part thereof is not due to the principal or immediate employer or that he does not hold any money for or on account of the principal or immediate employer, then, nothing contained in this sub-section shall be deemed to require such person to pay any such sum or part thereof, as the case may be, but if it is discovered that such statement was false in any material particular, such person 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 on the date of the notice, or to the extent of the principal or immediate employer's liability for any sum due under this Act, whichever is less.
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