Hence the act prescribes fines and imprisonment if the employers fail to apply factory act in true spirit. The Act contains an enabling provision under which Appropriate Government is empowered to extend the provision of the ESI Act, 1948 to other classes of establishments. DUTIES. Employees’ State Insurance Corporation (ESIC), incorporated under the ESI Act. Benefits under ESI 1. Why this ESIC Act, 1948 came into force: This Act is designed to complete the task of protecting “Employees” as defined in the ESI Act – 1948, against the hazards of Sickness, Maternity, Disablement or Death due to Employment injury and to provide full Medical care to … The Employees’ State Insurance Act, 1948 is one of the most important laws that provide social security. Every accused person is presumed to be innocent until proved guilty The effect of granting bail is not to set the accused free, but to release him from custody and to entrust hi... A summon is a court order to an individual to appear in court at a specified time and place. (Dhropadabai and Others Vs. M/s. Objective of ESI ActTo provide benefits for sickness, maternity,disablement and medical treatment toemployees of factories and establishmentsand to the dependents of such employees 3. The Employees State Insurance Act of 1948 has been enacted with the objective of securing financial relief in cases of sickness, maternity, disablement and for providing medical benefits to employees of factories and establishments, and their dependents. On the basis of the F.I.R. The term Plea Bargaining can be de... Anticipatory bail is a direction to release a person on bail, issued even before the person is arrested. As defined in the Employees' State Insurance Act, 1948, Employee State Insurance provides financial protection to employees against ailments, disablement or demise as a result of work injuries. Act may be called the Employees' State Insurance Act, 1948. It applies to all factories (including Government factories but excluding seasonal factories) employing ten or more persons and carrying on a manufacturing process with the aid of power or employing 20 or more persons and carrying on a manufacturing process without the aid of power and such other establishments as the Government may specify. 01/01/1997) on the cost of labour charges can be made on actual basis, if details/break up (such as cost of material esi act 1948 1. employees’ state insurance act, 1948 applicability of the act & scheme : is extended in are wise to factories using power & employeeing 10 or more persons and non-power using manufacturing unit and establishment employeeing 20 or more persons up to rs. The Employees' State Insurance Act, provides for certain benefits to employees in case of sickness, maternity and employment injury. The object of ss. The ESI Act, 1948 in the first instance, applies to: Factories using power in the manufacturing process and employing 10 or more persons; Non-power using factories or establishments employing 20 or more persons for wages. It is the information recorded by the police officer on duty, given either by the aggrieved person or any other person about the commission of an alleged offence. The address at which communication relating to the factory should be sent. The trade Unions Act, 1926 provides for registration of trade unions with a view to render lawful organisation of labour to enable collective bargaining. The allowances have been excluded by section 2(22) (b) and (c) of the E.S.I. The ESI Corporation under this Act plays a very important role in this regard. In criminal proceedings once a Police Officer receives information about the commission of an offence he is entitled to start investigation of the matter. To advice the ESI Corporation in regard to various matters relating to Medical Benefits, under the Act. Its main aim is to provide for compensation to certain employees and their dependents for employment injuries. The nature of manufacturing process to be carried on in the factory during next 12 months. POWERS. The Employee State Insurance Act, [ESIC] 1948, is a piece of social welfare legislation enacted primarily with the object of providing certain benefits to employees in case of sickness, maternity and employment injury and also to make provision for certain others matters incidental thereto. Medical Benefit council. If the State Government or Chief Inspector do not grant permission to the site, construction or extension of a factory, or to the registration and licensing of a factory, the applicant may within 30 days of the date of such refusal appeal to: (i) the Central Government against the order of the State Government; (ii) the State Government against the order of any other authority. 1.10.2006 it has also been extended upon shops, hotels, restaurants, roads, motor transport … NAME OF AUTHORITY. Employee State Insurance Act, 1948 – An overview. Your email address will not be published. Your email address will not be published. is the abbreviated form of First Information Report. When any person apprehends that there is a move to get him arrested on false or trump up charges, or du... A person may be arrested for committing an alleged offence. The aforesaid authorities make it eminently clear that once an employee is an “insured person” under Section 2(14) of the 1948 Act, neither he nor his dependents would be entitled to get any compensation or damages from the employer under the 1923 Act. Under factories act 1948 , the procedure for licensing and registration is given under various sections. Its procedure is as following :-. WHEN CAN A PERSON APPLY It is an autonomous corporation regulated under the supervision of the Ministry … G C Mohanta, BE(Mech), MSc(Engg), MBA, PhD(Mgt) Professor 2. Learn how your comment data is processed. submission of plans of any class or description of factories to the Chief Inspector or the State Government; obtaining previous permission of the State Government or the Chief Inspector, for the site on which factory is to be situated and for construction or extension of any factory or class or description of factories. However, replacement or addition of any plant or machinery within prescribed limits, shall not amount to extension of the factory, if it does not reduce the minimum safe working space or adversely affect the environmental conditions which is injurious to health; considering applications for permission for the submission of plans and specifications; nature of plans and specifications and the authority certifying them; fees payable for registration and licensing and for the renewal of licences; licence not to be granted or renewed unless notice specified under Section 7 has been given. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. All of these benefits must arise in the course of employment in order to enable workers to access them. Authorities and Powers under ESI Act 1948. (2) It extends to the whole of India 2***. The appropriate Government may exempt any factory or establishments or class of factories or establishments or any employee or class of employees from the provisions of this Act. A factory or other establishment to which this Act applies, shall continue to be governed by its provisions even if the number of workers employed there in falls below the specified limit or the manufacturing process therein ceases to be carried on with the aid of power, subsequently. PENALITIES AND PROCEDURE UNDER FACTORIES ACT 1948:-The Factory Act, 1948 was enacted for betterment of condition of workmen in factories. Employees' State Insurance (abbreviated as ESI) is a self-financing social security and health insurance scheme for Indian workers. The Employees' State Insurance Act, provides for certain benefits to employees in case of sickness, maternity and employment injury. The Act extends to the whole of India. State Insurance under The Employee's State Insurance Act,1948. … The ESI Act, 1948 in the first instance, applies to: Factories using power in the manufacturing process and employing 10 or more persons; Non-power using factories or establishments employing 20 or more persons for wages.
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