the number of workers likely to be employed in the factory. 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. o Non-power using factories or establishments employing 20 or more persons for wages. Licence could not be refused only on a direction from Government. Section 45 of the Employees State Insurance Act, 1948 (ESI Act) empowers certain Social Security Officers (SSOs) to carry out an inspection of an employer of an establishment (by virtue of … This site uses Akismet to reduce spam. Where the rules require the licensing authority to issue a licence on satisfaction of all  legal requirements/record reasons for refusal. A notice must contain following particulars: Notice where new manager is appointed Whenever a new manager is appointed, the occupier shall send to the Inspector a written notice and to the Chief Inspector a copy thereof, within seven days from the date on which such person takes over charge. State Insurance under The Employee's State Insurance Act,1948. factories working for less than 180 days in a year. Section 6 empowers the State Government to make rules with regard to licensing and registration of factories under the Act on following matters: If an application is made for the approval of site for construction or extension of the factory and required plans and specifications have been submitted by registered post to the State Government or the Chief Inspector and if no reply is received within three months from the date on which it is sent the application stands automatically approved [Section 6(2)]. 2 [( 2 ) It extends to the whole of India 3 ***.] Professional Tax . Government factories or establishments, whose employees are in receipt of benefits similar or superior to the benefits provided under the Act and Indian naval, military or air forces. 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. 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. The Employees’ State Insurance Act, 1948 is one of the most important laws that provide social security. What is ESI Registration. 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. The Employees' State Insurance Act, provides for certain benefits to employees in case of sickness, maternity and employment injury. 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 name and address of the owner of the premises or building (including the precincts, etc., thereof referred to in Section 93). The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Yet some employers have still not applied the prescribed guidelines. In criminal proceedings once a Police Officer receives information about the commission of an offence he is entitled to start investigation of the matter. 34 of Year 1948, dated 19th. The right to liberty as envisaged by the constitution is safeguarded by various procedures to be followed by the Police. State Insurance under The Employee's State Insurance Act,1948. They are appointed for local limits as the government finds best. 01/01/1997) on the cost of labour charges can be made on actual basis, if details/break up (such as cost of material PENALITIES AND PROCEDURE UNDER FACTORIES ACT 1948:-The Factory Act, 1948 was enacted for betterment of condition of workmen in factories. All of these benefits must arise in the course of employment in order to enable workers to access them. 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 provisions of The Factories Act, 1948, or any rules made under the Act, or any order given in writing under the Act is violated, it is treated as an offence. It contains six kinds of ESI benefits that injured employees can avail. registered under the ESI & EPF Act, you can make deduction of the ESI Contribution from the amounts payable every month to the contractor. Benefits Under Employees’ State Insurance Act, 1948Dr. In a case it has been held that the cycle allowance given to the employees is nothing but traveling concession and the value of cycle allowance falls in exception (b) of section 2(22) of the Act. 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. Employees' State Insurance (abbreviated as ESI) is a self-financing social security and health insurance scheme for Indian workers. Cotton ginning, cotton or jute pressing, decortication of groundnuts, the manufacture of coffee, indigo, lac, rubber, sugar (including gur) or tea or any manufacturing process incidental to or connected with any of the aforesaid activities, and including factories engaged for a period not exceeding seven months in a year in blending, packing or repackaging of tea or coffee, or in such other process as may be specified by the Central Government; A factory which was exempted from the provisions of the Act as being a 'seasonal factory' will not lose the benefit of the exemption on account of the amendment of the definition of 'seasonal factory'. The following penalties can be imposed:-(a) Imprisonment for a term which may extend to one year; (b) Fine which may extend to one lakh rupees; or (c) Both fine and imprisonment. … Benefits under ESI 1. (S. Kunju v. Kerala, (1985) 2 LLJ 106). The object of ss. 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. Bail commonly means release on one's own bond, with or without sureties. ( 3 ) It shall come into force on the 1st day of April 1949. Employee State Insurance (Central) Rules , 1950. The fund is managed by the Employees' State Insurance Corporation (ESIC) according to rules and regulations stipulated in the ESI Act 1948. is the abbreviated form of First Information Report. The trade Unions Act, 1926 provides for registration of trade unions with a view to render lawful organisation of labour to enable collective bargaining. On the basis of the F.I.R. ESI ACT, 1948- Implications, Benefits and Procedure APPLICATION OF THE ACT It is applicable to non-seasonal power using factories employing 10 or more persons and non-power using factories employing 20 or more persons.The Scheme has been extended to shops, hotels, restaurants, cinemas including preview theatre, road motor transport undertakings and newspaper establishment employing 20 or … Employees’ State Insurance Corporation (ESIC), incorporated under the ESI Act. 34 of 1948] 1 [19. th April, 1948. 10000/-p.m. w.e.f. (3) It shall come into force on such date or dates3* as the Central Government may, by notification in the Official Gazette, appoint, and different dates 3* may be appointed for different Act. The allowances have been excluded by section 2(22) (b) and (c) of the E.S.I. In the matter of the S. Palanivel v. 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 … It is one of the retirement benefits given by the employer to the employ... INTRODUCTIONPension can be rightly termed as a financial security during old age, when there is no direct source of income. The address at which communication relating to the factory should be sent. The nature of manufacturing process to be carried on in the factory during next 12 months. Act ID: 194834: Act Number: 34: Enactment Date: 1948-04-19: Act Year: 1948: Short Title: The Employees State Insurance Act, 1948: Long Title: An Act to provide for certain benefits to employees in case of sickness, maternity and employment injury and … Under factories act 1948 , the procedure for licensing and registration is given under various sections. 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