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ESI Act

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ESI Act
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.

APPLICABILITY
Every employee (including casual and temporary employees), whether employed directly or through a Contractor who is in receipt of such wages as prescribed by central Govt. is entitled to be insured under
ESI Act.
However, Apprentices engaged under
Apprentices Act are not entitled to the ESI benefits. Coverage of part time employees under the
ESI Act will depend on whether they have contract of service or contract for service with the employer. The former are covered whereas the latter are not covered under ESI

Coverage
The provisions applies to
It extends to the whole of India, applies to all Factories employing 10 or more persons and carrying out manufacturing process with the aid of power or employing 20 or more persons and carrying out manufacturing process without the aid of power. Generally
Establishments wherein 20 or more persons are employed, such as Hotels, Restaurants,
Club, Cinemas, newspaper Establishments and Shops are also covered by the provisions of ESI Act.

Coverage
(contd..)

The Act does not apply to

1. Factories working with the aid of power wherein less than 10 persons are employed
2. Factories working without the aid or power wherein less than 20 persons are employed
3. Seasonal factories engaged exclusively in anyone of the following activities viz. cotton ginning, cotton/jute pressing, decortications of groundnuts, the manufacture of coffee, indigo, lac, rubber, sugar, tea.
4. Mines subject to the Mines, Act, 1952
5. Railway running shed
6. Government Factories whose employees are in receipt of benefits similar or superior to the benefits provided under the Act.

Appropriate Govt.
The provisions of ESI Act are administered both by the Central and the State
Governments. Establishments controlled by the Central Government, Railways,
Mines, Major

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