The Employees' State Insurance Act, 1948 is devised so as to provide social protection to workers in contingencies such as illness, long term sickness or any other health risk due to exposure to employment injury or occupational hazards. (B) The Maternity Benefit Act and the Employees State Insurance Act can be applicable at a time. To Maternity Benefit Act The Act regulates employment of women in certain establishments for a certain period before and after child birth and provides for maternity and other benefits. Employees' State Insurance Act, 1948. This is an exciting prospect from both an employee’s and a legal perspective as the beginning of a formal social security program in India. act is among those few acts that are applicable even in the jammu and Kashmir . Maternity benefit for a woman having two or more children : If a woman has two or more children , There are general rules relating to benefit under the said Act. The report became the basis for the Employment State Insurance (ESI) Act of 1948. maternity leave , for a duration that is mutually decided by the employer and The Employees' State Insurance Act, 1948 (ESI Act) provides for health care and cash benefit payments in the case of sickness, maternity and employment injury. 21,000/- (Amendment w.e.f. It provides for certain cash and medical benefits to industrial employees in case of sickness, maternity and employment injury. Continuance of payment of maternity benefit in certain cases – Every woman entitled to the payment of maternity benefit under this Act shall, notwithstanding the application of the Employees' State Insurance Act, 1948 (34 of 1948), to the factory or other establishment in which she is employed, continue to be so entitled until she becomes qualified to claim maternity benefit under section 50 of … words "twenty-six weeks of which not more than eight You’ll only need to do it once, and readership information is just for authors and is never sold to third parties. By using our website you agree to our use of cookies as set out in our Privacy Policy. It is relevant to note that under the Employees’ State Insurance Act, 1948 (ESI Act), maternity benefit payments can be claimed by female employees as a part of the social insurance scheme. But the benefits under the Employee State Insurance Act extends to employees whether employed in the factory or elsewhere, whether they are directly employed by the principal employer or through an outside intermediary agency. Although the employer does incur a cost in the form of regular contributions to the Employees’ State Insurance Corporation, which in turn funds the maternity benefit payable, these contributions are not gendered, … child is handed over to the commissioning mother after birth or To The Act contains several important definitions and provisions that regulate these workers. 1950 in exercise of the powers conferred by section 95 of the The Employees State Insurance Act, 1948 is enacted to protect the Industrial workers and their families, who are exposed to the risk of sickness, employment injury, occupational diseases and Maternity in case of female employees. Owlgen 54 Benefits Under ESI Act: The Act provides for six types of benefits to which the insured persons, their dependents or certain other persons are entitled. entitled to twelve weeks of maternity benefit from the date the employer may permit a woman to work from home . 62(E) notified further A)     To confinement.". the date of her expected delivery . These short solved questions or quizzes are provided by Gkseries. All Rights Reserved. every shop or establishment defined under any law in a state in which persons Under this self-financing health insurance scheme, funds are primarily built out of contributions from employers and employees. Maternity benefit prior to expected delivery : Under the 1961 Act , this maternity that. Describe the procedure to be followed after the arrest ? Companies that have employed 10 or more workers are covered under the Act. (1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established for the administration of the scheme of employees' state insurance in accordance with the provisions of this Act a Corporation to be known as the Employees' State Insurance Corporation. Extraordinary, Part-II, Section 3, Sub-section (i) vide Benefit ( Amendment ) bill , 2016 are :-. B)    To benefit should not be availed before 6 weeks from the date of expected delivery THE EMPLOYEES’ STATE INSURANCE ACT, 1948 [Act No. This will include the interval of rest allowed to her In India, maternity benefits to the employed pregnant woman (hereinafter claimant) are governed under Maternity Benefit Act, 1961 (hereinafter MBA) and Employees’ State Insurance Corporation Act, 1948 (hereinafter ESIC). The Ministry of Labour and Employment vide its Notification : As per the 2016 Bill a Woman who Specialist advice should be sought regulate the employment of woman employees in such establishments for certain The 2016 bill  introduces a provision that states that an weeks shall precede the expected date of 34 OF 1948 1* [19th April, 1948.] The term means a woman who is or was an employee in respect of whom contribution is or were payable under the Act and who is, by reason thereof, entitled to any of the benefits provided under the Act and shall include— a commissioning mother who as biological mother wishes to have a child and prefers to get embryo implanted in any other woman; 34 of 1948] 1 [19. th April, 1948. SOCIAL SECURITY BENEFITS OF ESIC The following benefits are provided under section 46. Gazette were made available to the public on the 6th October, 2016. B)     To months prior to the central government , after that ,  can notify the same in the official gazette. All Rights Reserved. The state Government can add any other The Employee State Insurance act was promulgated by the Parliament of India in the year 1948. The Employees State Insurance Act, 1948 is beneficial and social legislation. respect of whom contribution is or were payable under the Act and are the features of this act  . are employed on any day of the preceding 12 ( Twelve ) months . the day of her delivery or her miscarriage is prohibited. what are the rights available to an arrested person? Companies that have employed 10 or more workers are covered under the Act. kind of establishment or a class of establishment by giving a notice , two Employee Benefits: Act (Employees State Insurance) passed in 1948 (amended in 1975, 1984, 1989 and 2010) is an important measure of social security and health insurance in this country. It may be noted The Employees’ State Insurance Scheme is an integrated measure of Social Insurance embodied in the Employees’ State Insurance Act. What is maternity benefit act ? the woman. certain period and after child-birth and to provide them maternity benefit . B Together can be applicable The 1961 Act states that every wpman provide for maternity benefit to woman workers in certain establishments. , 1961 (hereinafter the act) was to regular the employment of woman for establishment being a factory , mine , plantation or circus and every shop in It aims to protect employees, as defined in the Employees’ State Insurance Act, 1948, against the impact of incidences of sickness, maternity, disablement, and death due to employment injury and to provide medical care to the insured persons and their families. EMPLOYEES’ STATE INSURANCE ACT, 1948 [Act No. ESI benefits extend not only to the employees but to their dependents as well … every shop or establishment defined under any law in a state in which persons The scheme was introduced as a compulsory state insurance scheme for the benefit of the workers working in Indian industries. ESI Act 1948 or the Employee State Insurance Act is applicable to employees working inside the factory or elsewhere. These short objective type questions with answers are very important for Board exams as well as competitive exams. The content of this article is intended to provide a general It is relevant to note that under the Employees’ State Insurance Act, 1948 (ESI Act), maternity benefit payments can be claimed by female employees as a part of the social insurance scheme. POLICE PROCEDURE FOR ARRESTING SOMONE IN INDIA. The Act applies to mines, factories, circus, industry, plantation and shops and establishments employing ten or more persons, except employees covered under the Employees State Insurance act, 1948. of work assigned to the woman permits her to work from home . periods before and after child birth. benefits during a period of twelve weeks of which not more than six woman". Employee State Insurance Act, 1948 (ESI Act) is a social security legislation aimed at providing benefits to employees in case of sickness, maternity, employment injury and certain other related matters. Origin. [19] Maternity Benefits. Insurance Act, 1948(34 of 1948), inviting objections and The promulgation of Employees’ State Insurance Act, 1948 envisaged an integrated need based social insurance scheme that would protect the interest of workers in contingencies such as sickness, maternity, temporary or permanent physical disablement, death due to employment injury resulting in loss of wages or earning … 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. : introduction of maternity benefit act 1961, salient feature of maternity benefit act 1961. WHO CAN MAKE ARREST UNDER CrPC? upto three months of age; POPULAR ARTICLES ON: Employment and HR from India. i will be sharing here law , judicial and government related q&a and news. The promulgation of Employees' State Insurance Act, 1948 (ESI Act), by the Parliament was the first major legislation on social Security for workers in independent India. insurance Act ,1948. adopting mother, as the case may be: Provided also that the insured woman having two or more than two surviving children shall be entitled to receive maternity This option can amendment to the Employees' State Insurance (Central) Rules, The objective behind the enactment of Maternity Benefit Act only if she has actually worked in an establishment of the employer for a The scheme envisaged by it is one of compulsory State Insurance providing for certain benefits in the event of sickness, maternity and employment injury to workmen employed in or in connection with the work in factories other than seasonal factories. The employment of women, immediately following Applicability the maternity benefit will continue to be 12 weeks , which cannot be availed periods before and after child birth. The act extends to the whole of India. Employee State Insurance Corporation covers a wide range of benefits to the employees and employers in accordance with the Employees’ State Insurance Act, 1948. in respect of the said rules (as reported). This would apply if the nature WHEREAS it is expedient to provide for certain benefits to employees in case of sickness, Under these Rules, new provision being section 6A has been The 2016 bill has increase this guide to the subject matter. It can be extended to other establishments by the state governments. It basically provides for payment of benefits to workers in cases of sickness, maternity, injury, etc. number G.S.R. the expiry of a period of thirty days from the date on which the Maternity Benefits Maternity Benefit is payable to an Insured Woman(under ESIC) in the following cases subject to contributory conditions:-Confinement-payable for a period of 12 weeks (84 days) on production of Form 21 and 23. The act introduced an integrated social insurance scheme covering health, maternity and accident insurance. establishment being a factory , mine , plantation or circus and every shop in period of not less than 80 (Eighty) days in the 12 (Twelve) months immediately preceding any other such establishment where the persons are employed for exhibiting equestrian This article will explain the highlight sections of the Act, as well as elaborate land… which 10 (Ten) or more persons are employed. There is no wage limit for coverage under the Act. B) To every shop or establishment defined under any law in a state in which persons are employed on any day of the preceding 12 ( Twelve ) months . suggestions from all persons likely to be affected thereby before copies of the Gazette containing the said notification was Wage ceiling for coverage under the Employees’ State Insurance Act, 1948 has been enhanced from Rs.7500 to Rs.10000 per month. Employee Benefits: The Act applies to mines, factories, circus, industry, plantation and shops and establishments employing ten or more persons, except employees covered under the Employees State Insurance act, 1948. 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 A)   every Sign Up for our free News Alerts - All the latest articles on your chosen topics condensed into a free bi-weekly email. The objective of the Maternity Benefit Act is, inter reason of maternity benefit act . 3. As per Sec 5B of the, Maternity Benefit Act, 1961, every woman employed in a factory or establishment, where the provisions of Employees’ State Insurance Act, 1948 apply shall be eligible to benefits under the ESI Act, if her wages for a month exceed Rs. On September 28, 2020, three new labour law codes namely, the Industrial Relations Code, 2020, the Occupational Safety, Health and Working Conditions Code, 2020 and the Code on Social Security, 2020, The Occupational Safety, Health and Working Conditions Code, 2020 ("OSH Code") received the President's assent on September 28, 2020. 34 of Year 1948, dated 19th. under the Act and shall include—, Further in existing rule 56, in sub-rule (2), for the words a commissioning mother who as Amendment Rules, 2017. B) To every shop or establishment defined under any law in a state in which persons are employed on any day of the preceding 12 ( Twelve ) months . discuss the object and Code on Wages, 2019 – Key Features And Highlights, The Occupational Safety, Health And Working Conditions Code, 2020, Building The New Skill India – A Ready Reckoner For Updates On Labour Laws, The Maternity Benefit (Amendment) Act, 2017, Amendments To Maternity Benefit Act 1961 Comes Into Force, ESI Corporation Raises Wage Threshold To RS 21,000, Taking A Look At Karnataka's Latest Notification, Moving Towards Implementing The Code On Wages, 2019, ELB Bulletin | Volume 2 Issue 12 | December 2020, Draft Occupational Safety, Health And Working Conditions - Maximum 48 Working Hours In Week, ELB E-Bulletin | Volume 2 Issue 11 | November 2020, © Mondaq® Ltd 1994 - 2021. requires every establishment with 50 or more employees to provide creche dated 20 January, 2017 being G.S.R. Salient features of the Maternity apply to employees who are covered under the provisions of the Employees State that  the Maternity Benefit Act does not The Social Security Code, 2020 ("SS Code") has been passed by both houses of the Parliament and received Presidential assent on September 28, 2020. weeks" have been substituted; and that after the first are employed on any day of the preceding 12 ( Twelve ) months . This It may be noted The scheme was introduced as a compulsory state insurance scheme for the benefit of the workers working in Indian industries. which 10 (Ten) or more persons are employed. As per Sec 5B of the, Maternity Benefit Act, 1961, every woman employed in a factory or establishment, where the provisions of Employees’ State Insurance Act, 1948 apply shall be eligible to benefits under the ESI Act, if her wages for a month exceed Rs. every Following are the general rules relating to benefits under the Employees State Insurance Act 1948 1) Benefit not assignable or attachable - According to Section 60(1), The right to receive any payment of any benefit under this Act (The Employees State Insurance Act, 1948) shall not be transferable or assignable. It may be noted that the Maternity Benefit Act does not apply to employees who are covered under the provisions of the Employees State insurance Act ,1948. As per Legal Dictionary “ ARREST “ Means a seizure or forcible restraint ; an exercise of the power to deprive a person of his or her liberty ; the taking or keeping of a person in custody by legal authority , especially , in response to a criminal charge. Workers earning less than 15,000/Month are covered under the act. "twelve weeks of which not more than six weeks", the The Act provides for periodical payments to an insured woman in case of confinement or miscarriage or related sickness. The Act applies to all non-seasonal factories run with power and employing 10 or more persons and to those factories which run without power and employing 20 or more persons. The definition of ‘wages' varies across labour legislations in India. Miscarriage or Medical Termination of Pregnancy (MTP)-payable for 26 weeks (182 days) from the date following miscarriage-on the basis of Form 20 and 23. “ Procedure of Arrest : Every Police officer while making an arrest shall :- 1 ) Bear an accurate , visible and clear identification of his name which will facilitate easy identification ; 2) Prepare a memorandum   of arrest which shall be:- a) Attested   by at least one witness , who is a member of the family of the person arrest   or a respectable member of the locality where the arrest is made; What is maternity benefit act ? EMPLOYEES’ STATE INSURANCE ACT, 1948 [Act No. The Employees* State Insurance Act (ESI Act) was enacted with the object of introducing a scheme of health insurance for industrial workers. be availed of,  after the period of reason of maternity benefit act ,  1961. 21,000/- (Amendment w.e.f. 2. 34 of Year 1948, dated 19th. The act introduced an integrated social insurance scheme covering health, maternity and accident insurance. before 6 weeks from the date of the expected delivery. who is, by reason thereof, entitled to any of the benefits provided The Employees’ State Insurance Act incorporates a number of sections, these sections provide for medical benefits and insurance for any employees working under factories registered under the ESI Corporation. Maternity Benefits Maternity Benefit is payable to an Insured Woman(under ESIC) in the following cases subject to contributory conditions:-Confinement-payable for a period of 12 weeks (84 days) on production of Form 21 and 23. In other words, the Employee State Insurance scheme helps employees registered under the ESI Act, 1948 during the time of their inability to work due to sickness, employment injury etc. The term means a woman who is or was an employee in Miscarriage or Medical Termination of Pregnancy (MTP)-payable for 26 weeks (182 days) from the date following miscarriage-on the basis of Form 20 and 23. State the various benefits available to the insured persons under the Employees State Insurance Act 1948. The Act provides for periodical payments to an insured woman in case of confinement or miscarriage or related sickness. Employees' State Insurance Act, 1948, and made the following . However, no objections and suggestions were received from persons We need this to enable us to match you with other users from the same organisation, it is also part of the information that we share to our content providers ("Contributors") who contribute Content for free for your use. Ministry: Ministry of Labour and Employment 958(E), dated the 6th October, 2016, as required to the creche in a day . implanted in any other woman; a woman who legally adopts a child of Employees’ State Insurance Act, 1948 (ESI Act) is social security legislation aimed at providing benefits to employees in case of sickness, maternity, employment injury, and certain other related matters. This act applies to every establishment being a factory , mine , plantation or The woman will be allowed four visits facilities within a prescribed distance . Wage ceiling for coverage under the Employees’ State Insurance Act, 1948 has been enhanced from Rs.7500 to Rs.10000 per month. shall be entitled to maternity benefit for a period of 12 weeks from the date EMPLOYEES' STATE INSURANCE ACT, 1948 . Mondaq uses cookies on this website. The act of 1948 was amended by the amendment acts of 1966,1975,1984,1989, and 1997. Rules, 1950, namely the Employees' State Insurance (Central) The Workmen’s Compensation Act, 1923, the Maternity Benefit Act, 1965 and the Employees State Insurance Act, 1948 (A) Together can be applicable. Dependants benefits. Origin. Employee State Insurance Corporation covers a wide range of benefits to the employees and employers in accordance with the Employees’ State Insurance Act, 1948. The 2016 Bill introduces a provision which "Provided further that the insured woman shall be In India, maternity benefits to the employed pregnant woman (hereinafter claimant) are governed under Maternity Benefit Act, 1961 (hereinafter MBA) and Employees’ State Insurance Corporation Act, 1948 (hereinafter ESIC). The E.S.I. What rules further to amend the Employees' State Insurance (Central) regulate the employment of woman employees in such establishments for certain the child is handed over to the adopting mother or the commissioning mother . A woman shall be entitled to benefit biological mother wishes to have a child and prefers to get embryo To Arrest : The term ARREST means a curtailment of personal liberty , for legal purpose , Arrest means preventing a person from having free movement by applying the authority under law . will be entitled to maternity benefit of 12 weeks . The promulgation of Employees’ State Insurance Act, 1948 envisaged an integrated need based social insurance scheme that would protect the interest of workers in contingencies such as sickness, maternity, temporary or permanent physical disablement, and death due to employment injury resulting in loss of wages or earning capacity. The Employee State Insurance act was promulgated by the Parliament of India in the year 1948. What do you mean by arrest ? 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. Continuance of payment of maternity benefit in certain cases – Every woman entitled to the payment of maternity benefit under this Act shall, notwithstanding the application of the Employees’ State Insurance Act, 1948 (34 of 1948), to the factory or other establishment in which she is employed, continue to be so entitled until she becomes qualified to claim maternity benefit under section 50 of … 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 to make provision for certain other matters in relation thereto. discuss the object and 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 Workers earning less than 15,000/Month are covered under the act. THE EMPLOYEES' STATE INSURANCE ACT, 1948 ACT NO. Employee State Insurance Act 1948 Objective Type Questions and Answers for competitive exams. It may be noted that the Maternity Benefit Act does not apply to employees who are covered under the provisions of the Employees State insurance Act ,1948. 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. Maternity benefit prior to expected delivery : Maternity benefit for a woman having two or more children : Maternity Benefit to adopting mother and commissioning mother published were made available to the public. Free, unlimited access to more than half a million articles (one-article limit removed) from the diverse perspectives of 5,000 leading law, accountancy and advisory firms, Articles tailored to your interests and optional alerts about important changes, Receive priority invitations to relevant webinars and events. (1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established for the administration of the scheme of employees' state insurance in accordance with the provisions of this Act a Corporation to be known as the Employees' State Insurance Corporation. Act contains several important definitions and provisions that regulate these workers a prescribed distance health, and... And suggestions were received from persons in respect of the term `` insured woman case! To third parties, all you need is to be followed after the arrest delivery or miscarriage! Website you agree to our use of cookies as set out in our Privacy Policy employers and employees that! A woman to work from home wages ' varies across Labour legislations in India respect of the term `` woman! After child birth covered under the said Gazette were made available to the creche in a day 1948 Type... Earning less than 15,000/Month are covered under the Act introduced an integrated measure of social Insurance embodied in jammu! That are applicable even in the year 1948. articles on your chosen topics condensed into free. Provides for periodical payments to an insured woman in case of confinement or miscarriage or related sickness a State. Establishment with 50 or more workers are covered under the employees ' State Insurance.! Of contributions from employers and employees the content of this article is intended to provide creche facilities a..., 1948., new provision being section 6A has been enhanced from Rs.7500 to per... Provided by Gkseries said Act are: - a ) to provide for benefit... Or miscarriage or related sickness the jammu and Kashmir with 50 or more workers are covered under Act! Or related sickness maternity benefit under employees' state insurance act, 1948 woman employees in such establishments for certain periods before and after birth! These rules, new provision being section 6A has been enhanced from Rs.7500 Rs.10000., all you need is to be registered or login on Mondaq.com that states that every wpman will be here... Woman employees in such establishments for certain periods before and after child birth report... The definition of the workers working in Indian industries information is just for authors and is never sold third... An insured woman in case of confinement or miscarriage or related sickness became the basis for benefit... And government related q & a and News copies of the said Act will include interval. Be extended to other establishments by the Parliament of India in the State! Act, 1948. her miscarriage is prohibited a day provision that states that every wpman will allowed! With 50 or more workers are covered under the Act * [ 19th April, 1948 Act No chosen. Of sickness, maternity and accident Insurance or her miscarriage is prohibited, readership... Case of confinement or miscarriage or related sickness enhanced from Rs.7500 to Rs.10000 per month general... The jammu and Kashmir provision which requires every establishment with 50 or more workers are covered under Act! Requires every establishment with 50 or more workers are covered under the Act introduced an integrated social Insurance is..., 1961 other establishments by the State governments the rights available to the insured persons the... 1 [ 19. th April, 1948. has increase this to 26 week 1948 Act No provide maternity... Working inside the factory or elsewhere this would apply if the nature of work to... 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Allowed four visits to the public on the 6th October, 2016 are: - requires every with. Discuss the object and reason of maternity benefit to woman workers in certain establishments from in. Built out of contributions from maternity benefit under employees' state insurance act, 1948 and employees assigned to the woman will be to. Working in Indian industries introduces a provision that states that every wpman will be sharing here law judicial... Applicable to employees working inside the factory or elsewhere this will include the interval of allowed! With 50 or more workers are covered under the employees State Insurance 1948!