Esi Act 1948

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THE EMPLOYEES’ STATE INSURANCE ACT, 1948

[Act No. 34 of 1948]1

[19th April, 1948

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. WHEREAS it is expedient 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 ; It is hereby enacted as follows : —

CHAPTER I
PRELIMINARY

1.Short title, extent, commencement and application. — (1) This Act may be called the Employees’ State Insurance Act, 1948. (2)It extends to 2[the whole of India 3[***]].
(3)It shall come into force on such date or dates as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act and 1[for different States or for different parts thereof]. (4)It shall apply, in the first instance, to all factories (including factories belonging to the 2[Government]) other than seasonal factories. 3[Provided that nothing contained in this sub-section shall apply to a factory or establishment belonging to or under the control of the Government whose employees are otherwise in receipt of benefits substantially similar or superior to the benefits provided under this Act.]. (5)The appropriate Government may, in consultation with the Corporation and 4[where the appropriate Government is a State Government, with the approval of the Central Government], after giving 5[one month’s] notice of its intention of so doing by notification in the Official Gazette, extend the provisions of this Act or any of them, to any other establishment, or class of establishments, industrial, commercial, agricultural or otherwise. 6[Provided that where the provisions of this Act have been brought into force in any part of a State, the said provisions shall stand extended to any such establishment or class of establishments within that part if the provisions have already been extended to similar establishment or class of establishments in another part of that State.] 1[(6)A factory or an establishment to which this Act applies shall continue to be governed by this Act notwithstanding that the number of persons employed therein at any time falls below the limit specified by or under this Act or the manufacturing process therein ceases to be carried on with the aid of power.] 2.Definitions. — In this Act, unless there is anything repugnant in the subject or context, — (1)“ appropriate Government ” means, in respect of establishments under the control of the Central Government or 2[a railway administration] or a major port or a mine or oil-field, the Central Government, and in all other cases, the 3[State] Government ;

4[(2)* * *]

(3)“ confinement ” means labour resulting in the issue of a living child, or labour after twenty-six weeks of pregnancy resulting in the issue of a child whether alive or dead ; (4)“ contribution ” means the sum of money payable to the Corporation by the principal employer in respect of an employee and includes any amount payable by or on behalf of the employee in accordance with the provisions of this Act ;

5[(5)* * *]

(6)“ Corporation ” means the Employees’ State Insurance Corporation set up under this Act ; 1[(6-A)“ dependant ” means any of the following relatives of a deceased insured person, namely : — 2[(i)a widow, a legitimate or adopted son who has not attained the age of twenty-five years, an unmarried legitimate or adopted daughter ; ] 3[(ia)a widowed mother ;]

(ii)if wholly dependent on the earnings of the insured person at the time of his death, a legitimate or adopted son or daughter who has attained the age of 4[twenty-five] and who is infirm ;...
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