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Benefits Under Employees’ State Insurance Act, 1948Dr. 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. Under factories act 1948 , the procedure for licensing and registration is given under various sections. This web site is designed for general information only. 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 … 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 theret o. The name of the Manager of the factory for the purpose of this Act. Hence the act prescribes fines and imprisonment if the employers fail to apply factory act in true spirit. What is ESI Registration. Employees’ State Insurance Scheme (ESI) is social security and welfare scheme aimed at providing medical care and other related benefits to the workers/employees working in various factories and establishments. o Non-power using factories or establishments employing 20 or more persons for wages. 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. 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. Where no such person is found the occupier should be deemed to be the manager of the factory. In criminal proceedings once a Police Officer receives information about the commission of an offence he is entitled to start investigation of the matter. Required fields are marked *. Short title, extent and commencement.—(1) This Act may be called the Factories Act, 1948. PENALITIES AND PROCEDURE UNDER FACTORIES ACT 1948:-The Factory Act, 1948 was enacted for betterment of condition of workmen in factories. Learn how your comment data is processed. 31.01.2021: PT for the month of December where the tax liability is more than Rs 1,00,000/-PT Return: Factories Act, 1948: 15.01.2021: Yearly Return Ending 31St Dec, 2019 : Factories Act, 1948: 15.01.2021 Your email address will not be published. On the basis of the F.I.R. ESI is managed by the Employee State Insurance Corporation - an autonomous body established under the Ministry of Labour and Employment, Government of India. A summon may be issued in both criminal and in civil cases. 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. Section 7 imposes an obligation on the occupier of a factory to send a written notice, containing prescribed particulars, to the Chief Inspector at least 15 days before an occupier begins to occupy or use a premises as a factory and at least 30 days before the date of resumption of work in case of seasonal factories, i.e. They are appointed for local limits as the government finds best. 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 right to liberty as envisaged by the constitution is safeguarded by various procedures to be followed by the Police. The allowances have been excluded by section 2(22) (b) and (c) of the E.S.I. 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. Where the rules require the licensing authority to issue a licence on satisfaction of all  legal requirements/record reasons for refusal. A new Chapter XXI A on Plea Bargaining was introduced in the Criminal Procedure Code, 1973. the number of workers likely to be employed in the factory. Employees’ State Insurance Corporation (ESIC), incorporated under the ESI Act. The Employees' State Insurance Act, provides for certain benefits to employees in case of sickness, maternity and employment injury. factories working for less than 180 days in a year. Your email address will not be published. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.   The address at which communication relating to the factory should be sent. 1.10.2006 it has also been extended upon shops, hotels, restaurants, roads, motor transport … 85A and 85B of the ESI Act is to authorise the Regional Director of ESI Corporation to impose exemplary or punitive damages and thereby prevent the employees from making default.-- ESI Corporation v. M/s Venkatachalam Condiments 1995 (2) LLJ 1144. Within 30 Days of applicability of the Act & any change: Notice of applicability of the Act & any change: Form A or B . 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. DUTIES. 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 … 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. Factories working with the aid of power wherein less than 10 persons are employed; Factories working without the aid of power wherein less than 20 persons are employed; Seasonal factories engaged exclusively in any of the following activities viz. The Doctrine of Nolo Contendere or Plea Bargaining has been introduced by Criminal Law Amendment Act, 2005. Professional Tax . Such deductions towards ESI @ 6.5% (w.e.f. It is an autonomous corporation regulated under the supervision of the Ministry … Under factories act 1948 , the procedure for licensing and registration is given under various sections. Its procedure is as following :-. 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. Such other particulars as may be prescribed. The ESI Act, which has replaced the Workmen's Compensation Whether an employee earning more than the wage ceiling stipulated under the Employees' State Insurance Act, 1948 is eligible to claim compensation under Employee's Compensation Act? Act. Contribution : As on date, the employee contribution share is 1.75% of the monthly wages … POWERS. Introduction. The trade Unions Act, 1926 provides for registration of trade unions with a view to render lawful organisation of labour to enable collective bargaining. 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