15000 w.e.f 01-05-2010, Enhancement of wage ceiling of a workman from Rs. (1) A principal employer, who has paid contribution in respect of an employee employed by or through an immediate employer, shall be entitled to recover the amount of the contribution so paid (that is to say the employer's contribution as well as the employee's contribution, if any) from the immediate employer, either by deduction from any amount payable to him by the principal employer under any contract, or as a debt payable by the immediate employer. joint account to all the joint-holders at their last addresses known to the The Employees State Insurance Act, 1948 is beneficial and social legislation. Insurance Act, 1948 (XXXIV of 1948), the Employees’ State Insurance Corporation is pleased to make the following regulations, the same having been previously published as required by sub-section (1) of the said section, namely — THE EMPLOYEES’ STATE INSURANCE (GENERAL) REGULATIONS, 1950 CHAPTER I PRELIMINARY 1. (ix) Any person discharging any liability to the principal or immediate employer after the receipt of a notice under this sub-section shall be personally liable to the Director General or the officer so authorised to the extent of his own liability to the principal or immediate employer so discharged or to the extent of the principal or immediate employer's liability for any sum due under this Act, whichever is less. EMPLOYEES' STATE INSURANCE ACT, 1948. w w w . ESIC (Employee State Insurance Corporation) strictly regulates and administer this ESI scheme as per the bylaws given in the ESI Act of 1948. Section 53 in The Employees' State Insurance Act, 1948. or his movable property in the manner laid down in the Third Schedule to the The appropriate government however is empowered to extend the provisions of the ESI Act to other class of establishments with appropriate notice. But in those cases where the records are produced the assessment has to be done in accordance with s. 75(2)(a) of the Act.--, Where there is an action to determine what is the contribution and for the recovery of the same, taken under s. 45A of the Act, there is no period of limitation prescribed under the Act.--, It is only optional for the Corporation to serve show cause notice before the proceedings under s. 45A are launched. Proceedings would not stand vitiated on account of absence of notice.--. If you enjoyed this post and wish to be informed whenever a new post is published, then make sure you subscribe to my regular Email Updates. Applicability of ESI Scheme. (1) The authorised officer may forward the certificate referred to in section 45C to the Recovery Officer within whose jurisdiction the employer--, (a) carries on his business or profession or within whose jurisdiction the principal place of his factory or establishment is situate; or. so authorized to the extent of his own liability to the principal or immediate (vi) Where a person to whom a notice under General or the officer so authorized, he shall be deemed to be a principal or Employee State Insurance Act 1948 Multiple Choice Questions and Answers for competitive exams. 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. 34 of Year 1948, dated 19th. relation to which a notice under this sub-section has been issued arising after G.S.R. (v) Any claim respecting any property in relation to which a notice under this sub-section has been issued arising after the date of the notice shall be void as against any demand contained in the notice. The Employees State Insurance Act, ESI Act for short, was enacted by the Government of India in 1948. 10000 TO Rs. 1258(E) vide Ministry of Labour & Employment dated 31st May 2010. issued to any person who holds or may subsequently hold any money for or on Contribution which the management is liable to make under s. 39 has to be made by the management on its own accord for the fact that payment is not conditional on any demand by the ESI Corporation.--, There can be the making of a demand for remitting contribution for a period that is prior to the date of insurance.--. account of the factory or establishment or, as the case may be, the principal factory or establishment or, as the case may be, the principal or immediate money belonging to the principal or immediate employer for payment to him of POSITION OF AN APPRENTICE UNDER ESI Whether apprentices engaged in a factory are liable to be covered under E.S.I.? (1) The Corporation may appoint such persons as Inspectors, as it thinks fit, for the purposes of this Act, within such local limits as it may assign to them. employer's liability for any sum due under this Act, whichever is less. 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. (2) It extends to the whole of India 2***. actual reimbursement of medical expenses incurred on account of injury caused during course of employment. (4) The Director General or the officer authorized by the (a) attachment and sale of the movable or immovable property of the factory or establishment or, as the case may be, the principal, or immediate employer; (b) arrest of the employer and his detention in prison; (c) appointing a receiver for the management of the movable or immovable properties of the factory or establishment or, as the case may be, the employer: PROVIDED that the attachment and sale of any property under this section shall first be effected against the properties of the factory or establishment and where such attachment and sale is insufficient for recovering the whole of the amount of arrears specified in the certificate, the Recovery Officer may take such proceedings against the property of the employer for recovery of the whole or any part of such arrears. (viii) The Director General or the officer so authorised shall grant a receipt for any amount paid in compliance with a notice issued under this sub-section and the person so paying shall be fully discharged from his liability to the principal or immediate employer to the extent of the amount so paid. (2) If any amount is due from any person to any factory or establishment or, as the case may be, the principal or immediate employer who is in arrears, the Director General or any other officer authorised by the Corporation in this behalf may require such person to deduct from the said amount the arrears due from such factory or establishment or, as the case may be, the principal or immediate employer under this Act and such person shall comply with any such requisition and shall pay the sum so deducted to the credit of the Corporation: PROVIDED that nothing in this sub-section shall apply to any part of the amount exempt from attachment in execution of a decree of a civil court under section 60 of the Code of Civil Procedure, 1908. CONTRIBUTION OF ALLOWANCES Whether the allowances paid to the employees are subject to E. S1 . 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