1. 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. the case may be, the principal or immediate employer in respect of arrears or General or the officer so authorized, he shall be deemed to be a principal or (vi) Where a person to whom a notice under this sub-section is sent objects to it by a statement on oath that the sum demanded or any part thereof is not due to the principal or immediate employer or that he does not hold any money for or on account of the principal or immediate employer, then, nothing contained in this sub-section shall be deemed to require such person to pay any such sum or part thereof, as the case may be, but if it is discovered that such statement was false in any material particular, such person 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 on the date of the notice, or to the extent of the principal or immediate employer's liability for any sum due under this Act, whichever is less. As per provisions of section 45A of ESI Act, the ESIC authorities are empowered to determine the ESI Contributions, payable in respect of employees of any factory or … Dependent parents as per definition of “family” has been substituted so as to include; The definition of Factory under Section 2(12) has been amended to expand coverage of smaller factories. The appropriate Government is empowered to extend the provisions of ESIC Act 1948 to any other establishment or class of establishments, industrial, commercial, agricultural or otherwise after giving one month’s notice of its intention of doing so by notification in Official Gazette instead of notice period of six months. every person to whom a notice is issued under this sub-section shall be bound (1) Notwithstanding the issue of a certificate to the Recovery Officer under section 45C, the Direc­tor General or any other officer authorised by the Corporation may recover the amount by any one or more of the modes provided in this section. Bar against receiving or recovery of compensation or damag­es under any other law. 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. (ix) Any person discharging any liability to (3) Notwithstanding any contract to the contrary, neither the principal employer nor the immediate employer shall be entitled to deduct the employer's contribution from any wages payable to an employee or otherwise to recover it from him. fails or refuses to submit any return required by the regula­tions, or makes a false return, or Short title, extent, commencement and application. April, 1948] An Act to provide for certain benefits to employees in case of sickness, maternity and employment injury and … 34 of Year 1948, dated 19th. 25(E).—In exercise of the powers conferred by Section 5, read with sub-section (1) of Section 7 of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952), the Central Government hereby makes the following Scheme, further to amend the Employees’ Provident Funds Scheme, 1952. namely. (2) It extends to . book, deposit receipt, policy or any other document to be produced for the joint account to all the joint-holders at their last addresses known to the 5070 per month, Skilled: Rs. or that he does not hold any money for or on account of the principal or For the purposes of sections 45C to 45H : (a) "authorised officer" means the Director General, Insurance Commissioner, Joint Insurance Commissioner, Regional Director or such other officer as may be authorised by the Central Government, by notification in the Official Gazette; (b) "recovery officer" means any officer of the Central Government, State Government or the Corporation, who may be authorised by the Central Government, by notification in the Official Gazette, to exercise the powers of a recovery officer under this Act. (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. 45C to 45F and the notice shall have the same effect as an attachment of a debt notwithstanding any rule, practice or requirement to the contrary. actual reimbursement of medical expenses incurred on account of injury caused during course of employment. 523(e), dated the 18th june, 2010. (vi) Where a person to whom a notice under It basically provides for payment of benefits to workers in cases of sickness, maternity, injury, etc. Section 91 A of the Act is amended to removing. the Corporation in this behalf may, at anytime or from time to time, by notice Pursuant to Section 1 of the Employees' State Insurance Act, 1948 (ESI Act), the ESI Act is applicable to all factories in the first instance. (2) Notwithstanding anything contained in any other enactment but subject to the provisions of this Act and the regulations, if any, made thereunder, the principal employer shall, in the case of an employee directly employed by him (not being an exempted employee), be entitled to recover from the employee the employee's contribution by deduction from his wages and not otherwise : PROVIDED that no such deduction shall be made from any wages other than such as relate to the period or part of the period in respect of which the contribution is payable, or in excess of the sum representing the employee's contribution for the period. (d) the issue, sale custody, production, inspection and delivery of books or cards and the replacement of books or cards which have been lost, destroyed or defaced. As per section 2(12) of the ESI act, all factories where 10 or more persons are employed must be registered under the ESI act. This article will explain the highlight sections of the Act, as well as elaborate la… Section 53 in The Employees' State Insurance Act, 1948. 10000 TO Rs. Section 91 A of the Act is amended to removing. (3) Every principal and immediate employer shall maintain such registers or records in respect of his factory or establishment as may be required by regulations made in this behalf. The PF old balance will stop earning interest. may be, from the principal or immediate employer by distraint and sale of its Other modes of recovery (1) Notwithstanding the issue of a certificate to the Recovery Officer under section 45C, the Director General or any other officer authorized by the Corporation may recover the amount by any one or more of the modes provided in this section. (vii) The Director General or the officer so authorised may, at any time or from time to time, amend or revoke any notice issued under this sub-section or extend the time for making any payment in pursuance of such notice. EMPLOYEES’ STATE INSURANCE ACT, 1948 [Act No. (2) The contributions shall be paid at such rates as may be prescribed by the Central Government : PROVIDED that the rates so prescribed shall not be more than the rates which were in force immediately before the commencement of the Employees' State Insurance (Amendment) Act, 1989. (vii) The Director General or the officer so G.S.R. Section 85 in The Employees' State Insurance Act, 1948. with any such requisition and shall pay the sum so deducted to the credit of 2.6 Section 45F - Stay of proceedings undercertificate and amendment or withdrawal thereof 6 2.7 Section 45G - Other modes of Recovery 7 2.8 Section 45H - Application of certain provisions of the Income Tax Act 10 2.9 Section 45I - Definition:- For the purpose of Sections 45C to 45H 10 2.10 Section 39(5)(b) read with Regulation 31B of ESI (General) No geographical barrier this is because the failure of employers to carry out their directly. 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