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59A. Provision of medical benefit by the Corporation in lieu of State Government

(1) Notwithstanding anything contained in any other provision of this Act the Corporation may in consultation with the State Government undertake the responsibility for providing medical benefit to insured persons and where such medical benefit is extended to their families to the families of such insured persons in the State subject to the condition that the State Government shall share the cost of such medical benefit in such proportion as may be agreed upon between the State Government and the Corporation.


(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.


GENERAL

60. Benefit not assignable or attachable
(1) The right to receive any payment of any benefit under this Act shall not be transferable or assignable.
(2) No cash benefit payable under this Act shall be liable to attachment or sale in execution of any decree or order of any Court.

61. Bar of benefits under other enactments
When a person is entitled to any of the benefits provided by this Act he shall not be entitled to receive any similar benefit admissible under the provisions of any other enactment.

62. Persons not to commute such benefits
Save as may be provided in the regulations no person shall be entitled to commute for a lump sum any disablement admissible under this Act.

63. Persons not entitled to receive benefit in certain cases
Save as may be provided in the regulations no person shall be entitled to sickness benefit or disablement benefit for temporary disablement on any day on which he works or remains on leave or on a holiday in respect of which he receives wages or on any day on which he remains on strike.

64. Recipients of sickness or disablement benefit to observer conditions
A person who is in receipt of sickness benefit or disablement benefit (other than benefit granted on permanent disablement) -
(a) shall remain under medical treatment at a dispensary hospital clinic or other institution provided under this Act and shall carry out the instructions given by the medical officer or medical attendant in charge thereof;
(b) shall not while under treatment do anything which might retard or prejudice his chances of recovery;

(c) shall not leave the area in which medical treatment provided by this Act is being given without the permission of the medical officer medical attendant or such other authority as may be specified in this behalf by the regulations; and


(d) shall allow himself to be examined by any duly appointed medical officer or other person authorised by the Corporation in this behalf.

65. Benefits not to be combined
(1) An insured person shall not be entitled to receive for the same period -
(a) both sickness benefit and maternity benefit; or
(b) both sickness benefit and disablement benefit for temporary disablement; or
(c) both maternity benefit and disablement benefit for temporary disablement.
(2) Where a person is entitled to more than one of the benefits mentioned in sub-section (1) he shall be entitled to choose which benefit he shall receive.

66. Corporation's right to recover damages from employer in certain cases
[Omitted by Act 44 of 1966 w.e.f. 17-6-1967]
67. Corporation's right to be indemnified in certain cases
[Omitted by Act 44 of 1966 w.e.f. 17-6-1967]
68. Corporation's rights where a principal employer fails or neglects to pay any contribution
(1) If any principal employer fails or neglects to pay any contribution which under this Act he is liable to pay in respect of any employee and by reason thereof such person becomes disentitled to any benefit or entitled to a benefit on a lower scale the Corporation may on being satisfied that the contribution should have been paid by the principal employer pay to the person the benefit at the rate to which he would have been entitled if the failure or neglect had not occurred and the Corporation shall be entitled to recover from the principal employer either -
(i) the difference between the amount of benefit which is paid by the Corporation to the said person and the amount of the benefit which would have been payable on the basis of the contributions which were in fact paid by the employer; or
(ii) twice the amount of the contribution which the employer failed or neglected to pay whichever is greater.

(2) The amount recoverable under this section may be recovered as if it were an arrear of land revenue or under section 45C to section 45I.



69. Liability of owner or occupier of factories etc. for excessive sickness benefit
(1) Where the Corporation considers that the incidence of sickness among insured persons is excessive by reason of -
(i) insanitary working conditions in a factory or establishment or the neglect of the owner or occupier of the factory or establishment to observe any health regulations enjoined on him or under any enactment; or
(ii) insanitary conditions of any tenements or lodgings occupied by insured persons and such insanitary conditions are attributable to the neglect of the owner of the tenements or lodgings to observe any health regulations enjoined on him by or under any enactment the Corporation may send to the owner or occupier of the factory or establishment or to the owner of the tenements or lodgings as the case may be a claim for the payment of the amount of the extra expenditure incurred by the Corporation as sickness benefit; and if the claim is not settled by agreement the Corporation may refer the matter with a statement in support of its claim to the appropriate government.
(2) If the appropriate government is of opinion that a prima facie case for inquiry is disclosed it may appoint a competent person or persons to hold an inquiry into the matter.
(3) If upon such inquiry it is proved to the satisfaction of the person or persons holding the inquiry that the excess in incidence of sickness among the insured persons is due to the default or neglect of the owner or occupier of the factory or establishment or the owner of the tenements or lodgings as the case may be the said person or persons shall determine the amount of the extra expenditure incurred as sickness benefit and the person or persons by whom the whole or any part of such amount shall be paid to the Corporation.
(4) A determination under sub-section (3) may be enforced as if it were a decree for payment of money passed in a suit by a civil court.
(5) For the purposes of this section owner of tenements or lodgings shall include any agent of the owner and any person who is entitled to collect the rent of the tenements or lodgings as a lessee of the owner.
70. Repayment of benefit improperly received
(1) Where any person has received any benefit or payment under this Act when he is not lawfully entitled thereto he shall be liable to repay to the Corporation the value of the benefit or the amount of such payment or in the case of his death his representative shall be liable to repay the same from the assets of the deceased if any in his hands.
(2) The value of any benefits received other than cash payments shall be determined by such authority as may be specified in the regulations made in this behalf and the decision of such authority shall be final.
(3) The amount recoverable under this section may be recovered as if it were an arrears of land revenue or under section 45C to section 45I.

71. Benefit payable up to and including day of death
If a person dies during any period for which he is entitled to a cash benefit under this Act the amount of such benefit up to and including the day of his death shall be paid to any person nominated by the deceased person in writing in such form as may be specified in the regulations or if there is no such nomination to the heir or legal representative of the deceased person.

72. Employer not to reduce wages etc
No employer by reason only of his liability for any contributions payable under this Act shall directly or indirectly reduce the wages of any employee or except as provided by the regulations discontinue or reduce benefits payable to him under the conditions of his service which are similar to the benefits conferred by this Act.

73. Employer not to dismiss or punish employee during period of sickness etc
(1) No employer shall dismiss discharge or reduce or otherwise punish an employee during the period the employee is in receipt of sickness benefit or maternity benefit nor shall he except as provided under the regulations dismiss discharge or reduce or otherwise punish an employee during the period he is in receipt of disablement benefit for temporary disablement or is under medical treatment for sickness or is absent from work as a result of illness duly certified in accordance with the regulations to arise out of the pregnancy or confinement rendering the employee unfit for work.
(2) No notice of dismissal or discharge or reduction given to an employee during the period specified in sub-section (1) shall be valid or operative.
V-A  TRANSITORY PROVISIONS
73A. Employer's special contribution
(1) For so long as the provisions of this Chapter are in force every principal employer shall notwithstanding anything contained in this Act pay to the Corporation a special contribution (hereinafter referred to as the employer's special contribution) at the rate specified under sub-section (3).
(2) The employer's special contribution shall in the case of a factory or establishment situate in any area in which the provisions of both Chapters IV and V are in force be in lieu of the employer's contribution payable under Chapter IV.
(3) The employer's special contribution shall consists of such percentage not exceeding five per cent of total wage bill of the employer as the Central Government may by notification in the Official Gazette specify from time to time:
Provided that before fixing or varying any such percentage the Central Government shall give by like notification not less than two months' notice of its intention so to do and shall in such notification specify the percentage which it proposes to fix or as the case may be the extent to which the percentage already fixed is to be varied:
Provided further that the employer's special contribution in the case of factories or establishments situate in any area in which the provisions of both Chapters IV and V are in force shall be fixed at a rate higher than that in the case of factories or establishments situate in any area in which the provisions of the said Chapters are not in force.
(4) The employer's special contribution shall fall due as soon as the liability of the employer to pay wages accrues but may be paid to the Corporation at such intervals within such time and in such manner as the Central Government may by notification in the Official Gazette specify and any such notification may provide for the grant of a rebate for prompt payment of such contribution.
Explanation: "Total wage bill" in this section means the total wages which have accrued due to employees in a factory or establishment in respect of such wage periods as may be specified for the purposes of this section by the Central Government by notification in the Official Gazette.
73B. Special tribunals for decision of disputes or questions under this Chapter where there is no Employee's Insurance Court
(1) If any question or dispute arises in respect of the employer's special contribution payable or recoverable under this Chapter and there is no Employees' Insurance Court having jurisdiction to try such question or dispute the question or dispute shall be decided by such authority as the Central Government may specify in this behalf.

(2) The provisions of sub-section (1) of section 76 sections 77 to 79 and 81 shall so far as may be apply in relation to a proceeding before an authority specified under sub- section (1) as they apply in relation to a proceeding before an Employees' Insurance Court.



73C. Benefits under Chapter V to depend upon employee's contribution
The payment of the employee's contribution for any week in accordance with the provisions of Chapter IV in any area where all the provisions of that Chapter are in force shall for the purpose of Chapter V have effect as if the contributions payable under Chapter IV in respect of that employee for that week had been paid and shall accordingly entitle the employee as an insured person to the benefits specified in Chapter V if he is otherwise entitled thereto.
Explanation: In the case of an exempted employee the employee's contribution shall be deemed to have been paid for a week if the Corporation is satisfied that during that week the employer's contribution under Chapter IV would have been payable in respect of him but for the provisions of this Chapter.


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