The employees’ state insurance act, 1948 [Act No. 34 of 1948]1




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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 cash benefits. — Save as may be provided in the regulations, no person shall be entitled to commute for a lump sum any 2[disablement benefit] admissible under this Act.

3[63. Persons not entitled to receive benefits 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 observe 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 1[* * *] 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.

(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.

2[66. Corporation’s right to recover damages from employer in certain cases. — * * *]

1[67. Corporation’s right to indemnified in certain cases. — * * *]

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 —

2[(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 3[or under section 45-C to section 45-I].



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 reasons of —

(i) in sanitary working conditions in a factory or establish­ment or the neglect of the owner or occupier of the factory or establishment to observe any health regula­-tions enjoined on him by 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 enactments,

the Corporation may send to the owner or occupier of the factory or establishment or to the owner of the tenement 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 lodging 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 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 arrear of land revenue 1[or under section 45-C to section 45-I].

71. Benefit payable up to and including day of death. 2[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.



1[CHAPTER V-A

SCHEME FOR OTHER BENEFICIARIES

73-A. Definitions. — In this Chapter, —

(a) “ other beneficiaries ” means persons other than the person insured under this Act ;

(b) “ Scheme ” means any Scheme framed by the Central Government from time to time under section 73-B for the medical facility for other beneficiaries ;

(c) “ underutilised hospital ” means any hospital not fully utilised by the persons insured under this Act ;

(d) “ user charges ” means the amount which is to be charged from the other beneficiaries for medical facilities as may be notified by the Corporation in consultation with the Central Government from time to time.

73-B. Power to frame Schemes. — Notwithstanding anything contained in this Act, the Central Government may, by notification in the Official Gazette, frame Scheme for other beneficiaries and the members of their families for providing medical facility in any hospital established by the Corporation in any area which is underutilised on payment of user charges.

73-C. Collection of user charges. — The user charges collected from the other beneficiaries shall be deemed to be the contribution and shall form part of the Employees’ State Insurance Fund.

73-D. Scheme for other beneficiaries. — The Scheme may provide for all or any of the following matters, namely : —

(i) the other beneficiaries who may be covered under this Scheme ;

(ii) the time and manner in which the medical facilities may be availed by the other beneficiaries ;

(iii) the form in which the other beneficiary shall furnish particulars about himself and his family whenever required as may be specified by the Corporation ;

(iv) any other matter which is to be provided for in the Scheme or which may be necessary or proper for the purpose of implementing the Scheme.

73-E. Power to amend Scheme. — The Central Government may, by notification in the Official Gazette, add to, amend, vary or rescind the Scheme.

73-F. Laying of Scheme framed under this Chapter. — Every Scheme framed under this Chapter shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the Scheme or both Houses agree that the Scheme should not be made, the Scheme shall thereafter have effect only in such modified form or to be of no effect, as the case may be ; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that Scheme.]

CHAPTER VI

ADJUDICATION OF DISPUTE AND CLAIMS

74. Constitution of Employees’ Insurance Court. — (1) The 1[State] Government shall, by notification in the Official Gazette, constitute an Employees’ Insurance Court for such local area as may be specified in the notification.

(2) The Court shall consist of such number of judges as the 1[State] Government may think fit.

(3) Any person who is or has been a judicial officer or is a legal practitioner of five years’ standing shall be qualified to be a Judge of the Employees’ Insurance Court.

(4) The 1[State] Government may appoint the same Court for two or more local areas or two or more Courts for the same local area.

(5) Where more than one Court has been appointed for the same local area, the 1[State] Government may by general or special order regulate the distribution of business between them.

75. Matters to be decided by the Employees’ Insurance Court. — (1) If any question or dispute arises as to —

(a) whether any person is an employee within the meaning of this Act or whether he is liable to pay the employee’s contribution, or

(b) the rate of wages or average daily wages of an employee for the purposes of this Act, or

(c) the rate of contribution payable by a principal employer in respect of any employee, or

(d) the person who is or was the principal employer in respect of any employee, or

(e) the right of any person to any benefit and as to the amount and duration thereof, or



1[(ee) any direction issued by the Corporation under section 55-A on a review of any payment of dependants’ benefits, or]

2[(f) * * *]

(g) any other matter which is in dispute between a principal employer and the Corporation, or between a principal employer and an immediate employer, or between a person and the Corporation or between an employee and a principal or immediate employer, in respect of any contribution or benefit or other dues payable or recover­able under this Act, 3[or any other matter required to be or which may be decided by the Employees’ Insurance Court under this Act],

such question or dispute 4[subject to the provisions of sub-section (2A)] shall be decided by the Employees’ Insurance Court in accordance with the provisions of this Act.

(2) 5[Subject to the provisions of sub-section (2A), the following claims] shall be decided by the Employees’ Insurance Court, namely : —

(a) claim for the recovery of contribution from the principal employer ;

(b) claim by a principal employer to recover contributions from any immediate employer ;



1[(c) * * *]

(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

(f) If any claim for the recovery of any benefit admissible under this Act.



2[(2A) If in any proceedings before the Employees’ Insurance Court a disablement question arises and the decision of a medical board or a medical appeal tribunal has not been obtained on the same and the decision of such question is necessary for the determination of the claim or question before the Employees’ Insurance Court, that Court shall direct the Corporation to have the question decided by this Act and shall thereafter proceed with the determination of the claim or question before it in accordance with the decision of the medical board or the medical appeal tribunal, as the case may be, except where an appeal has been filed before the Employees’ Insurance Court under sub-section (2) of section 54-A in which case the Employees’ Insurance Court may itself determine all the issues arising before it.]

3[(2-B) No matter which is in dispute between a principal employer and the Corporation in respect of any contribution or any other dues shall be raised by the principal employer in the Employees’ Insurance Court unless he has deposited with the Court fifty per cent. of the amount due from him as claimed by the Corporation :

Provided that the Court may, for reasons to be recorded in writing, waive or reduce the amount to be deposited under this sub-section.]

(3) No civil Court shall have jurisdiction to decide or deal with any question or dispute as aforesaid or to adjudicate on any liability which by or under this Act is to be decided by 1[a medical board, or by a medical appeal tribunal or by the Employees’ Insurance Court].

76. Institution of proceedings, etc. — (1) Subject to the provisions of this Act and any rules made by the 2[State] Government, all proceedings before the Employees’ Insurance Court shall be instituted in the Court appointed for the local area in which the insured person was working at the time the question or dispute arose.

(2) If the Court is satisfied that any matter arising out of any proceedings pending before it can be more conveniently dealt with by any other Employees’ Insurance Court in the same 3[State], it may, subject to any rules made by the 2[State] Government in this behalf, order such matter to be transferred to such other Court for disposal and shall forthwith transmit to such other Court the records connected with that matter.

(3) The 2[State] Government may transfer any matter pending before any Employees’ Insurance Court in the 3[State] to any such Court in another 3[State] with the consent of the 2[State] Government of that State.

(4) The Court to which any matter is transferred under sub­-section (2) or sub-section (3) shall continue the proceedings as if they had been originally instituted in it.



77. Commencement of proceedings. — (1) The proceeding before an Employees’ Insurance Court shall be commenced by application.

4[(1-A) Every such application shall be made within a period of three years from the date on which the cause of action arose.

Explanation. — For the purpose of this sub-section, —

(a) the cause of action in respect of a claim for benefit shall not be deemed to arise unless the in­sured person or in the case of dependants’ bene­fit, the dependants of the insured person claims or claim that benefit in accordance with the regu­lations made in that behalf within a period of twelve months after the claim became due or within such further period as the Employees’ In­surance Court may allow on grounds which ap­pear to it to be reasonable ;



1[(b) the cause of action in respect of a claim by the Corpo-ration for recovering contributions (including interest and damages) from the principal employer shall be deemed to have arisen on the date on which such claim is made by the Corporation for the first time :

Provided that no claim shall be made by the Corporation after five years of the period to which the claim relates ;

(c) the cause of action in respect of a claim by the principal employer for recovering contributions from an immedi­ate employer shall not be deemed to arise till the date by which the evidence of contributions having been paid is due to be received by the Corporation under the regula­tions.].]

(2) Every such application shall be in such form and shall contain such particulars and shall be accompanied by such fee if any, as may be prescribed by rules made by the State Government in consultation with the Corporation.



78. Powers of Employees’ Insurance Court. — (1) The Employees’ Insurance Court shall have all the powers of a civil Court for the purposes of summoning and enforcing the attendance of witnesses, compelling the discovery and production of documents and material ob­jects, administering oath and recording evidence and such Court shall be deemed to be a civil Court within the meaning of 1[section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974)].

(2) The Employees’ Insurance Court shall follow such proce­dure as may be prescribed by rules made by the 2[State] Government.

(3) All costs incidental to any proceeding before an Employees’ Insurance Court shall, subject to such rules as may be made in this behalf by the 2[State] Government, be in the discretion of the Court.

(4) An order of the Employees’ Insurance Court shall be enforceable as if it were a decree passed in a suit by a civil Court.



79. Appearance by legal practitioners, etc. — Any application, appearance or act required to be made or done by any person to or before an Employees’ Insurance Court (other than appearance of a person required for the purpose of this examination as a witness) may be made or done by a legal practitioner or by an officer of a registered trade union authorised in writing by such person or, with the permission of the Court, by any other person so authorised.

3[80. Benefit not admissible unless claimed in time. — * * *]

81. Reference to High Court. — An Employees’ Insurance Court may submit any question of law for the decision of the High Court and if does so shall decide the question pending before it in accordance with such decision.

82. Appeal. — (1) Save as expressly provided in this section, no appeal shall lie from an order of an Employees’ Insurance Court.

(2) An appeal shall lie to the High Court from an order of an Employees’ Insurance Court if it involves a substantial question of law.

(3) The period of limitation for an appeal under this section shall be sixty days.

(4) The provisions of sections 5 and 12 of the 1[Limitation Act, 1963 (36 of 1963)] shall apply to appeals under this section.



83. Stay of payment pending appeal. — Where the Corporation has presented an appeal against an order of the Employees’ Insurance Court, that Court may, and if so directed by the High Court shall, pending the decision of the appeal, withhold the payment of any sum directed to be paid by the order appealed against.

CHAPTER VII

PENALTIES

84. Punishment for false statement.— Whoever, for the purpose of causing any increase in payment or benefit under this Act, or for the purpose of causing any payment or benefit to be made where no payment or benefit is authorised by or under this Act, or for the purpose of avoiding any payment to be made by himself under this Act or enab­ling any other person to avoid any such payment, knowingly makes or causes to be made any false statement or false representation, shall be punishable with imprisonment for a term which may extend to 1[six months] or with fine not exceeding 2[two thousand] rupees, or with both.

3[Provided that where an insured person is convicted under this section, he shall not be entitled for any cash benefit under this Act for such period as may be prescribed by the Central Government.]

85. Punishment for failure to pay contributions, etc. — If any person —

(a) fails to pay any contribution which under this Act he is liable to pay, or

(b) deducts or attempts to deduct from the wages of an employee the whole or any part of the employer’s con­tribution, or

(c) in contravention of section 72 reduces the wages or any privileges or benefits admissible to an employee, or

(d) in contravention of section 73 or any regulation dis­misses, discharges, reduces or otherwise punishes an employee, or

(e) fails or refuses to submit any return required by the regulations or makes a false return, or

(f) obstructs any Inspector or other official of the corporation in the discharge of his duties, or

(g) is guilty of any contravention of or non-compli­ance with any of the requirements of this Act or the rules or the regulations in respect of which no special penalty is provided,



1[he shall be punishable —

2[(i) where he commits an offence under clause (a), with imprisonment for a term which may extend to three years but —

(a) which shall not be less than one year, in case of failure to pay the employee’s contribution which has been deducted by him from the employee’s wages and shall also be liable to fine of ten thousand rupees ;

(b) which shall not be less than six months, in any other case and shall also be liable to fine of five thousand rupees :

Provided that the Court may, for any adequate and special rea­sons to be recorded in the judgment, impose a sentence of imprisonment for a lesser term ;

(ii) where he commits an offence under any of the clauses (b) to (g) (both inclusive), with imprisonment for a term which may extend to one year or with fine which may extend to four thousand rupees, or with both].]

3[85-A. Enhanced punishment in certain cases after previous conviction. — Whoever, having been convicted by a Court of an offence punishable under this Act, commits the same offence shall, for every such subsequent offence, be punishable with imprisonment for a term which may extend to 1[two years and with fine of five thousand rupees]:

Provided that where such subsequent offence is for failure by the employer to pay any contribution which under this Act, he is liable to pay, he shall, for every such subsequent offence, be punishable with imprisonment for a term which may extend to 2[five years but which shall not be less than two years and shall also be liable to fine of twenty-five thousand rupees].



*85-B. Power to recover damages. — (1) Where an employer fails to pay the amount due in respect of any contribution or any other amount payable under this Act, the Corporation may recover 3[from the employer by way of penalty such damages, not exceeding the amount of arrears as may be specified in the regulations] :

Provided that before recovering such damages, the employer shall be given a reasonable opportunity of being heard :



4[Provided further that the Corporation may reduce or waive the damages recoverable under this section in relation to an estab­lishment which is a sick industrial company in respect of which a scheme for rehabilitation has been sanctioned by the Board for Industrial and Financial Reconstruction established under section 4 of the Sick Industrial Companies (Special Provisions) Act, 1985 (1 of 1986), subject to such terms and conditions as may be specified in regulations.].

(2) Any damages recoverable under sub-section (1) may be recovered as an arrear of land revenue 1[or under section 45-C to section 45-I].



*85-C. Power of Court to make orders. — (1) Where an employer is convicted of an offence for failure to pay any contribution payable under this Act, the Court may, in addition to awarding any punishment, by order, in writing, require him within a period specified in the order (which the Court may if it thinks fit and on application in that behalf, from time to time, extend), to pay the amount of contribution in respect of which the offence was committed 2[and to furnish the return relating to such contributions].

(2) Where an order is made under sub-section (1), the employer shall not be liable under this Act in respect of the continuation of the offence during the period or extended period, if any, allowed by the Court, but if, on the expiry of such period or extended period, as the case may be, the order of the Court has not been fully complied with, the employer shall be deemed to have committed a further offence and shall be punishable with imprisonment in respect thereof under section 85 and shall also be liable to pay fine which may extend to 3[one thousand] rupees for every day after such expiry on which the order has not been complied with.]



86. Prosecutions. — (1) No prosecution under this Act shall be instituted except by or with the previous sanction of the Insurance Commis­sioner 4[or of such other officer of the Corporation as may be authorised in this behalf by the 5[Director-General of the Corporation]].

1[(2) No Court inferior to that of a Metropolitan Magistrate or Judicial Magistrate of the First Class shall try any offence under this Act.]

(3) No Court shall take cognizance of any offence under this Act, except on a complaint made in writing in respect thereof 2[***].



3[86-A. Offences by companies. — (1) If the person committing an offence under this Act is a company, every person, who at the time the offence was committed was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly :

Provided that nothing contained in this sub-section shall render any person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director or manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation. — For the purposes of this section, —

(i) “ company ” means any body corporate and includes a firm and other associations of individuals ; and

(ii) “ director ” in relation to –

(a) a company, other than a firm, means the managing director or a whole-time director ;

(b) a firm means a partner in the firm.]

CHAPTER VIII

MISCELLANEOUS

87. Exemption of a factory or establishment or class of factories or establishments. — The appropriate Government may by notification in the Official Gazette and subject to such conditions as may be specified in the notification, exempt any factory or establishment or class of factories or establishments in any specified area from the operation of this Act for a period not exceeding one year and may from time to time by like notifi­cation renew any such exemption for periods not exceeding one year at a time.

1[Provided that such exemptions may 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 :

Provided further that an application for renewal shall be made three months before the date of expiry of the exemption period and a decision on the same shall be taken by the appropriate Government within two months of receipt of such application.]



88. Exemption of persons or class of persons. — The appropriate Government may, by notification in the Official Gazette and subject to such conditions as it may deem fit to impose, exempt any person or class of persons employed in any factory or establishment or class of factories or establishments to which this Act applies from the operation of the Act.

89. Corporation to make representation. — No exemption shall be granted or renewed under section 87 or Section 88, unless a reasonable opportunity has been given to the Corporation to make any representation it may wish to make in regard to the proposal and such representation has been considered by the appropriate Government.

90. Exemption of factories or establishments belonging to Government or any local authority. — The appropriate Government may, 1[after consultation with the Corporation], by notification in the Official Gazette and subject to such conditions as may be specified in the notification, exempt any factory or establishment belonging to 2[***] any local authority, 3[from the operation of this Act] if the employees in any such factory, or establishment are otherwise in receipt of benefits sub­stantially similar or superior to the benefits provided under this Act.

91. Exemption from one or more provisions of the Act. — The appropriate Government may, with the consent of the Corporation, by notification in the Official Gazette, exempt any employees or class of employees in any factory or establishment or class of factories or establishments from one or more of the provisions relating to the benefits provided under this Act.

4[91-A. Exemptions to be either prospective or retrospective*. — Any notification granting exemption under section 87, section 88, section 90 or section 91 may be issued so as to take effect 5[prospectively] on such date as may be specified therein.]

6[91-AA. Central Government to be appropriate Government. — Notwithstanding anything contained in this Act, in respect of establishments located in the States where medical benefit is provided by the Corporation, the Central Government shall be the appropriate Government.]

1[91-B. Misuse of benefits. — If the Central Government is satis­fied that the benefits under this Act are being misused by insured persons in a factory or establishment, that Government may, by order, published in the Official Gazette, disentitle such persons from such of the benefits as it thinks fit :

Provided that no such order shall be passed unless a reason­able opportunity of being heard is given to the concerned factory or establishment, insured persons and the trade unions registered under the Trade Unions Act, 1926 (16 of 1926) having members in the factory or establishment.



91-C. Writing off of losses. — Subject to the conditions as may be prescribed by the Central Government, where the Corporation is of opinion that the amount of contribution, interest and damages due to the Corporation is irrecoverable, the Corporation may sanction the writing off finally of the said amount.]

92. Power of Central Government to give directions.2[(1)] The Central Government may give directions to a 3[State] Government as to the carrying into execution of this Act in the 4[State].

5[(2) The Central Government from time to time, give such directions to the Corporation as it may think fit for the efficient administration of the Act, and if any such direction is given, the Corporation shall comply with such direction.]

93. Corporation Officers and servants to be public servants. — All officers and servants of the Corporation shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).

1[93-A. Liability in case of transfer of establishment. — Where an employer, in relation to a factory or establishment, transfers that factory or establishment in whole or in part, by sale, gift, lease or license or in any other manner whatsoever, the employer and the person to whom the factory or establishment is so transferred shall jointly and severally be liable to pay the amount due in respect of any contribution or any other amount payable under this Act in respect of the periods up to the date of such transfer :

Provided that the liability of the transferee shall be limited to the value of the assets obtained by him by such transfer.]



94. Contributions, etc., due to Corporation to have priority over other debts. — There shall be deemed to be included among the debts which, under section 49 of the Presidency-towns Insolvency Act, 1909 (III of 1909), or under section 61 of the Provincial Insolvency Act, 1920 (V of 1920), 2[or under any law relating to insolvency in force 3[in the territories which, immediately before the 1st November, 1956, were comprised in a Part B State]], 4[or under section 530 of the Indian Companies Act, 1956 (1 of 1956)], are in the distribution of the property of the insolvent or in the distribution of the assets of a company being wound up, to be paid in priority to all other debts, the amount due in respect of any contribution or any other amount payable under this Act the liability wherefor accrued before the date of the order of adjudication of the insolvent or the date if (sic.) the winding up, as the case may be.

5[94-A. Delegation of powers. — The Corporation and, subject to any regulations made by the Corporation in this behalf, the Standing Committee may direct that all or any of the powers and functions which may be exercised or performed by the Corpo­ration or the Standing Committee, as the case may be, may, in relation to such matters and subjects in such conditions, if any, as may be specified, be also exercisable by any officer or authority subordi­nate to the Corporation.]

95. Powers of Central Government to make rules. — (1) The Central Government may, 1[after consultation with the Corporation and] subject to the condition of previous publication, make rules not incon­sistent with this Act for the purpose of giving effect to the provisions thereof.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely : —



2[(a) the limit of wages beyond which a person shall not be deemed to be an employee ;

(ab) the limit of maximum monthly salary for the purpose of sub-section (1) of section 17 ; ]



3[(ac)] the manner in which 4[appointments] and elections of members of the Corporation, the Standing Commit­tee and the Medical Benefit Council shall be made ;

(b) the quorum at meetings of the Corporation, the Standing Committee and the Medical Benefit Council and the minimum number of meetings of those bodies to be held in a year ;

(c) the records to be kept of the transaction of the business by the Corporation, the Standing Committee and the Medical Benefit Council ;

(d) the powers and duties of the 1[Director-General and the Financial Commissioner] and the conditions of their service ;

(e) the powers and duties of the Medical Benefit Council ;

2[(ea) the types of expenses which may be termed as adminis­trative expenses the percentage of income of the Corpo­ration which may be spent for such expenses ;

(eb) the races of contributions and limits of wages below which employees are not liable to pay contribution ;

(ec) the manner of calculation of the average daily wage;

(ed) the manner of certifying the certificate to recover amount by the Recovery Officer ;

(ee) the amount of funeral expenses ;

(ef) the qualifications, conditions, rates and period of sick­ness benefit, maternity benefit, disablement benefit and dependant’s benefit ;



3[(eff) the income of dependant parents from all sources ; ]

(eg) the conditions for grant of medical benefits for insured persons who cease to be in insurable employment on account of permanent disablement ;

(eh) the conditions for grant of medical benefits for persons who have attained the age of superannuation ;]

1[(ehh) the conditions under which the medical benefits shall be payable to the insured person and spouse of an insured person who has attained the age of super-annuation, the person who retires under Voluntary Retirement Scheme and the person who takes premature retirement ; ]

2[*[(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 ;

(h) the raising and repayment of loans ;

(i) the investment of the funds of the Corporation and of any provident or other benefit fund and their transfer or realization ;

(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 in 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 of 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 ; 1[***]

2[(oa) the period of non-entitlement for cash benefit in case of conviction of an insured person ;]

(p) any matter which is required or allowed by this Act to be prescribed by the Central Government.



3[(2A) The power to make rules conferred by this section shall include the power to give retrospective effect, from a date not earlier than the date of commencement of this Act, to the rules or any of them but no retrospective effect shall be given to any rule so as to prejudicially affect the interest of any person other than the Corporation to whom such rule may be applicable.]

(3) Rules made under this section shall be published in the Official Gazette and thereupon shall have effect as if enacted in this Act.



4[(4) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session 1[or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid] both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be ; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]

96. Power of State Government to make rules. — (1) The 2[State] Government may, 3[after consultation with the Corporation and] subject to the condition of previous publication, make rules not inconsistent with this Act in regard to all or any of the following matters, namely —

(a) the constitution of Employees’ Insurance Courts, the qualifications of persons who may be appointed Judges thereof, and the conditions of service of such Judges ;

(b) the procedure to be followed in proceedings before such courts and the execution of orders made by such Courts ;

(c) the fee payable in respect of applications made to the Employees’ Insurance Court, the costs incidental to the proceedings in such Court, the form in which applica­tions should be made to it and the particulars to be specified in such applications ;

(d) the establishment of hospitals, dispensaries and other institutions, the allotment of insured persons or their families to any such hospital, dispensary or other institution ;

(e) the scale of medical benefit which shall be provided at any hospital, clinic, dispensary or institution, the keep­ing of medical records and the furnishing of statistical returns ;



1[(ee) the organisational structure, functions, powers, activities and other matters for the establishment of the organisation ; ]

(f) the nature and extent of the staff, equipment and medi­cines that shall be provided at such hospitals, dispensaries and institutions ;

(g) the conditions of service of the staff employed at such hospitals, dispensaries and institutions ; and

(h) any other matter which is required or allowed by this Act to be prescribed by the 2[State] Government.

(2) Rules made under this section shall be published in the official Gazette and thereupon shall have effect as if enacted in this Act.

3[(3) Every rule made under this section shall be laid as soon as may be after it is made, before each House of the State Legis­lature where it consists of two Houses, or, where such Legislature consists of one House, before that House.]

97. Power of Corporation to make regulations. — (1) The Corporation may 4[***] subject to the conditions of previous publi­cation, make regulations, not inconsistent with this Act and the rules made thereunder, for the administration of the affairs of the Corpora­tion and for carrying into effect the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely : —

(i) the time and place of meetings of the Corpora­tion, the Standing Committee and the Medical Bene­fit Council and the procedure to be followed at such meetings ;

1[(ia) the time within which and the manner in which a factory or establishment shall be registered ;]

(ii) the matters which shall be referred by the Standing Committee to the Corporation for decision ;

(iii) the manner in which any contribution payable under this Act shall be assessed and collected ;

2[(iii-a) the rate of interest higher than twelve per cent. on delayed payment of contributions ;]

(iv) reckoning of wages for the purpose of fixing the contribution payable under this Act ;



3[(iv-a) the register of employees to be maintained by the immediate employer ;

(iv-b) the entitlement of sickness benefit or disablement ben­efit for temporary disablement on any day on which the person works or remains on leave or on holiday and in respect of which he receives wages or for any day on which he remains on strike ;]

(v) the certification of sickness and eligibility for any cash benefit ;

1[(vi) the method of determining whether an insured person is suffering from one or more of the diseases specified in the Third Schedule ;]

(vii) the assessing of the money value of any benefit which is not a cash benefit ;

(viii) the time within which 2[and the form and manner in which] any claim for a benefit may be made and the particulars to be specified in such claim ;

(ix) the circumstances in which an employee in receipt of disablement benefit may be dismissed, discharged, re­duced or otherwise punished ;

(x) the manner in which and the place and time at which any benefit shall be paid ;

(xi) the method of calculating the amount of cash benefit payable and the circumstances in which and the extent to which commutation of disable- ment and dependant’s benefits, may be allowed and the method of calculating the commutation value ;

(xii) the notice of pregnancy or of confinement and no­tice and proof of sickness ;

3[(xii-a) specifying the authority competent to give certificate of eligibility for maternity benefit ;

(xii-b) the manner of nomination by an insured woman for payment of maternity benefit in case of her or her child’s death ;



(xii-c) the production of proof in support of claim for maternity benefit or additional maternity benefit ;]

(xiii) the conditions under which any benefit may be suspended ;

(xiv) the conditions to be observed by a person when in receipt of any benefit and the periodical medical examination of such persons ;

1[(xv) ***]

(xvi) the appointment of medical practitioners for the pur­poses of this Act, the duties of such practitioners and the form of medical certificates ;



2[(xvi-a) the qualifications and experience which a person should possess for giving certificate of sickness ;

(xvi-b) the constitution of medical boards and medical appeal tribunals ;]

(xvii) the penalties for breach of regulations by fine (not ex­ceeding two days’ wages for a first breach and not exceeding three days’ wages for any subsequent breach) which may be imposed on employees ;

3[(xvii-a) the amount of damages to be recovered as penalty ;

(xvii-b) the terms and conditions for reduction or waiver of damages in relation to a sick industrial company ;]

(xviii) the circumstances in which and the conditions subject to which any regulation may be relaxed, the extent of such relaxation, and the authority by whom such relax­ation may be granted ;

4[(xix) the returns to be submitted and the registers or records to be maintained by the principal and immediate employ­ers, the forms of such returns, registers or records, and the times at which such returns should be submitted and the particulars which such returns, registers and records should contain ;]

(xx) the duties and powers of 1[Social Security Officers] and other officers and servants of the Corporation ;

2[(xxa) the constitution of the appellate authority and the interest on amount deposited by the employer with the Corporation ; ]

3[(xxi) the method of recruitment, pay and allowances, dis­cipline, superannuation benefits and other conditions of service of the officers and servants of the Corporation other than the 4[Director-General and the Financial Commissioner] ;]

(xxii) the procedure to be followed in remitting contributions to the Corporation ; and

(xxiii) any matter in respect of which regulations are required or permitted to be made by this Act.

5[(2A) The condition of previous publication shall not apply to any regulations of the nature specified in clause (xxi) of sub-section (2).]

(3) Regulations made by the Corporation shall be pub­lished in the Gazette of India and thereupon shall have effect as if enacted in this Act.



1[(4) Every regulation shall, as soon as may be, after it is made by the Corporation, be forwarded to the Central Government and that Govern­ment shall cause a copy of the same to be laid before each House of Parliament, while it is in session for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modifica­tion in the regulation or both Houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case maybe ; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation.]

2[98. Corporation may undertake duties in [Part B States]. — * * *].

3[99. Medical care for the families of insured persons. — 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.]

* Publisher’s Note : Existing Sec. 99 before the Amendment Act 29 of 1989, is given below.

*99. Enhancement of benefits. — At any time when its funds so permit, the Corporation may enhance the scale of any benefit admissible under this Act and the period for which such benefit may be given, and provide or contribute towards the cost of medical care for the families of insured persons.

4[99-A. Power to remove difficulties. — (1) If any difficulty arises in giving effect in the provisions of this Act, the Central Govern­ment may, by order published in the Official Gazette, make such provisions or give such directions, not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for removing the difficulty.

(2) Any order made under this section shall have effect notwith­standing anything inconsistent therewith in any rules or regulations made under this Act.]



1[100. Repeals and savings. — If, immediately before the day on which this Act comes into force 2[in any part of the territories which, im­mediately before the 1st November, 1956, were comprised in a Part B State], there is in force in 3[that part] any law corresponding to this Act, that law shall, on such day, stand repealed :

Provided that the repeal shall not affect —

(a) the previous operations of any such law, or

(b) any penalty, forfeiture or punishment incurred in respect of any offence committed against any such law ; or

(c) any investigation or remedy in respect of any such pen­alty, forfeiture or punishment ;

and any such investigation, legal proceeding or remedy may be instituted, continued or enforced any such penalty, forfeiture or punishment may be imposed, as if this Act had not been passed :

Provided further that subject to the preceding proviso anything done or any action taken under any such law shall be deemed to have been done or taken under the corresponding provision of this Act and shall continue in force accordingly unless and until superseded by anything done or any action under this Act.]

*THE FIRST SCHEDULE



(Courtesy Madras Book Agency, Villivakkam, Chennai)
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