| Short Title, Extent and Application |
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This act may be called the Employee's State Insaurance Act, 1958. |
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It extents to the whole of India*. |
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It shall come into force on such date or dates as the Central Government may, by notification in the Official Gazzatte, appoint, |
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and different dates may be appointed for different provisions of this Act and [or different States or for different parts thereof.] |
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It shall apply, in the first instance, to all factories (including factories belonging to the [Government] other than seasonal |
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factories. |
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The appropriate Government may, in consultation with the Corporation and [where the appropriate Government is a State |
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Government, with the approval of the Central Government], after giving six months' notice of its intention of so doing by |
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notification in the Official Gazzette, extends the provisions of this Act or any of them, to any other establishment or class of |
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establishments, industrial, commercial, agricultural or otherwise. |
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| Introduction |
| The law relating to employees’ State Insurance is governed by the following legislations:* Employees’ State insurance Act, 1948 |
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Employees’ State Insurance Act, 1948. |
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| Objective of the Act |
| The objective of the act is to provide for certain benefits to employees in case of sickness, maternity and “employment injury” and |
| to provide for certain other matters in relation there to. |
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| Applicability of the Act |
| The Act is applicable to all factories including factories belonging to the Government other than seasonal factories. The appropriate |
| Government may after giving a notice of not less than six months and by notification in the official Gazette, extend the application of |
| the Act or any of them, to any other establishment or class of establishments, industrial, commercial, agricultural or otherwise. Once |
| the Act becomes applicable, the Act shall continue to apply irrespective of the reduction in number of employees or cessation of |
| manufacturing process with the aid of power. |
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| Obligations of the Employer |
| The obligations of an employer under the Act are given below: |
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Registration of Factory/Establishment |
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Insurance of employees |
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Registration of families Issue of identity card |
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Issue of certificate of employment |
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Issue of permanent Acceptance Card. |
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Payment of contributions |
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Maintenance of Inspection book |
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Prohibitions |
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Duties in case of accidents |
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Liability for excessive sickness benefit |
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| Offences & Penalties |
| Following Penalties are imposed by the E.S.I. Departments in different offences for any establishment under the E.S.I. Act 1948. |
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Which shall not be less than one year and a fine of ten thousand rupees in case of default in payment of the employees’ |
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contribution which as been deducted by the employer from the employees’ wages. |
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Which shall not be less than six months and a fine of five thousand rupees, in any other case. |
| However, the court may, for any adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment |
| for a lesser term. |
