CHAPTER VIII
MISCELLANEOUS
87. Exemption of a factory or establishment or class of factories orestablishments.
-The appropriate Government may, by notification in the Official Gazette
and subject to such conditions as may be specified in the notification,
exempt any factory or establishment or class of factories or establishments
in any specified area from the operation of this Act fora period not
exceeding one year and may from time to time by like notification
renew any such exemption for periods not exceeding one year at a time.
88. Exemption of persons or class of persons. -Theppropriate Government
may, by notifcation in the Official Gazette and subject to such conditions
as it may deem fit to impose, exempt any persons or class of persons
employed in any factory or establishment or class of factories or
etablishments to which this Act applies from the operation of the
Act.
89. Corporation to make representation. -Noexemption shall be granted
or renewed under section 87 or section 88, unless a reasonable opportunity
has been given to the Corporation to make any representation it may
wish to make in regard to the proposal and such representation has
been considered by the appropriate Government.
90.
Exemption f factories or establishments belonging to Government or
any local authority. -Theappropriate Government may, 1[after
consultation with the Corporation,] by notification in the Official
Gazette and subject to such conditions as may be specified in the
notification, exempt any factory or establishment belonging to 2*
* * any local authority [from the operation of this Act], if the
employees in any such factory or establishment are otherwise in receipt
of benefits substantially similar or superior to the benefits provided
under this Act.
1. Ins. byAct No. 44 of 1966, s. 36 (w.e.f. 17-6-1967).
2. Words “The Government or” omitted by Act No.
29 of 1989, s. 39, (w.e.f. 20-10-1989).
91. Exemption from one or more provisions of the Act. -The appropriate
Government may, with the consent of the Corporation, by notification
in the Official Gazette, exempt any employees or class of employees
in any factory or establishment or class of factories or establishments
from one or more of the provisions relating to the benefits provided
under this Act.
[91A. Exemptions to be either prospective or
retrospective. -Any notification granting exemption under
section 87, section 88, section 90 or section 91 may be issued so
as to take effect either prospectively or retrospectively on such
date as may be specified therein.]
1. Ins. by Act No. 44 of 1966, s. 37, (w.e.f. 17-6-1967).
1[91B. Misuse of benefits. -If the
Central Government is satisfied that the benefits under this Act are
being misused by insured persons in a factory or establishment, that
Government may, by order, published in the Official Gazette, disentitle
such persons from such of the benefits-as it thinks fit:
Provided
that no such order shall be passed unless a reasonable opportunity
of being heard is given to the concerned factory or establishment,
insured persons and the trade unions registered under the Trade Unions
Act, 1926 (16 of 1926) having members in the factory or establishment.
1. Ins. by Act No. 29 of 1989, s. 40, (w.e.f. 20-10-1989).
91C. Writing off of losses. -Subject
to the conditions as may be prescribed by the Central Government,
where the Corporation is of opinion that the amount of contribution,
interest and damages due to the Corporation is irrecoverable, the
Corporation may sanction the writing off finally of the said amount.]
92. Power
of Central Government to give directions. –
[(1)] The Central Government may give directions to a
State Government as to the carrying into execution of this Act in
the State.
1[(2) The Central Government may, from time to
time, give such directions to the Corporation as it may think fit
for the efficient administration of the Act, and if any such direction
is given, the Corporation shall comply with such direction.]
1. Section 92 is re-numbered as “(1)” and sub-section
(2) inserted by Act No. 29 of 1989, s.41, (w.e.f. 20-10-1989).
93. Corporation officers and servants
to be public servants. -All officers and servants of the Corporation
shall be deemed to be public servants within the meaning of section
21 of the Indian Penal Code (45 of 1860).
1[93A. Liability in case of transfer
of establishment. -Where an employer, in relation to a factory
or establishment, transfers that factory or establishment in whole
or in part, by sale, gift, lease or licence or in any other manner
whatsoever, the employer and the person to whom the factory or establishment
is so transferred shall jointly and severally be liable to pay the
amount due in respect of any contribution or any other amount payable
under this Act in respect of the periods up to the date of such transfer
:
Provided
that the liability of the transferee shall be limited to the value
of the assets obtained by him by such transfer.]
1. Ins. by Act No. 38 of 1975, s. 6, (w.e.f. 1-9-1975).
94. Contributions, etc., due to Corporation
to have priority over other debts. -There shall be deemed
to be included among the debts which, under section 49 of the Presidency-towns
Insolvency Act, 1909 (3 of 1909), or under section 61 of the Provincial
Insolvency Act, 1920 (5 of 1920) 1[or under any law relating
to insolvency in force 2[in the territories which, immediately
before the lst November, 1956, were comprised in a Part B State, 3[or
under section 530 of the Companies Act, 1956 (1 of 1956)], are, in
the distribution of the property of the insolvent or in the distribution
of the assets of a company being wound up, to be paid in priority
to all other debts, the amount due in respect of any contribution
or any other amount payable under this Act the liability where for
accrued before the date of the order of adjudication of the insolvent
or the date of the winding up, as the case may be.
1. Ins. by Act No. 53 of 1951, s. 23.
2. Subs. by the A.0. (No. 3) 1956, for “in a Part
B State”.
3. Subs. for “or under section 230 of the Indian
Companies Act, 1913 (7 of 1913)” by Ad' No. 29 of 1989, s. 42, (w.e.f.
20-10-1989).
1[94A. Delegation of powers. -The
Corporation, and, subject to any regulations made by the Corporation
in this behalf, the Standing Committee may direct that all 6r any
of the powers and functions which may be exercised or performed by
the Corporation or the Standing Committee, as the case may be, may,
in relation to such matters and subject to such conditions, if any,
as may be specified, be also exercisable by any officer or authority
subordinate to the Corporation.]
1. Ins. by Act No. 53 of 1951, s. 24.
95. Power of Central Government to
make rules. -
(1) The Central Government may, [after consultation
with the Corporation and] subject to the condition of previous publication,
make rules not inconsistent with this Act for the purpose of giving
effect to the provisions thereof.
(2) In particular and without prejudice to the generality
of the foregoing power, such rules may provide for all or any of the
following matters, namely: -
1[(a) The limit of wages beyond which a person
shall not be deemed to be an employee;
(Ab) The limit of maximum monthly salary for the purpose
of subsection (1) of section 17.]
1[(ac)] The manner in which 2[appointments]
and elections of members of the corporation, the Standing Committee
and the Medical Benefit Council shall be made;
(b) The quorum at meetings of the Corporation, the
Standing Committee and the Medical Benefit Council and the minimum
number of meetings of those bodies to be held in a year;
(c) The records to be kept of the transaction of business
by the Corporation, the Standing Committee and the Medical Benefit
Council;
(d) The powers and duties of the 3[Director
General and the Financial Commissioner] and the conditions
of their service;
(e) The powers and duties of the Medical Benefit Council;
4[(ea) The types of expenses which may be termed
as administrative expenses, the percentage of income of the Corporation
which may be spent for such expenses
(eb) The rate of contributions and limits of wages below
which employees are not liable to pay contribution;
(ec) The manner of calculation of the average daily
wage;
(ed) The manner of certifying the certificate to recover
amount by the Recovery Officer;
(ee) The amount of funeral expenses;
(ej) The qualifications, conditions, rates and period
of sickness benefit, maternity benefit, disablement benefit and dependents
benefit;
(eg) The conditions for grant of medical benefits for
insured persons who cease to be in insurable employment on account
of permanent disablement;
(eh) The conditions for grant of medical benefits for
persons who have attained the age of Superannuation;]
5[(ei)] The manner in which and thetime within which
appeals may be filed to medical appeal tribunals or Employees' Insurance
Courts;]
(f) The procedure to be adopted in the execution of
contracts;
(g) The acquisition, holding and disposal of property
by the Corporation;
(h) The raising and repayment of loans;
(i) The
investment of the funds of the Corporation and of any provident or
other benefit fund and their transfer or realisation;
(j) The basis on which the periodical valuation of
the assets and liabilities of the Corporation shall be made;
(k) The bank or banks in which the funds of the Corporation
may be deposited, the procedure to be followed in regard to the crediting
of moneys accruing or payable to the Corporation and the manner in
which any sums may be paid out of the Corporation funds and the officers
by whom such payment may be authorised;
(1) The accounts to be maintained by the Corporation
and the forms in which such accounts shall be kept and the times at
which such accounts shall be audited;
(m) The publication of the accounts of the Corporation
and the report of auditors, the action to be taken on the audit report,
the powers of auditors to disallow and surcharge items of expenditure
and the recovery of sums so disallowed or surcharged;
(n) The preparation of budget estimates and of supplementary
estimates and the manner in which such estimates shall be sanctioned
and published;
(o) The establishment maintenance of provident or
other benefit fund for officers and servants of the Corporation; 6*
* *
7[(oa) The period of non-entitlement for cash
benefit in case of conviction of an insured person;]
(p) Any matter, which is required or allowed by this
Act to be prescribed by the Central Government.
8[(2A) The power to make rules conferred by this
section shall include the power to give retrospective effect, from
a date not earlier than the date of commencement of this Act, to the
rules or any of them but no retrospective effect shall be given to
any rule so as to prejudicially affect the interest of any person
other than the Corporation to whom such rule may be applicable.]
(3) Rules made under this section shall be published
in the Official Gazette and thereupon shall have effect as if enacted
in this Act.
9[(4) Every rule made under this section shall
be laid, as soon as may be after it is made, before each House of
Parliament while it is in session for a total period of thirty days
which may be comprised in one session 10[or in two or more
successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid], both
Houses agree in making any modification in the rule or both Houses
agree that the rule should not be made, the rule shall thereafter
have effect only in such modified form or be of no effect, as the
case may be; so, however, that any such modification or annulment
shall be without prejudice to the validity of anything previously
done under that rule].
1. Clause (a) re-lettered as clause (ac) and clauses
(a) and (ab) inserted by Act No. 29 of 1989,s. 43 (i), (w.e.f. 20-10-1989).
2. Subs. of “nominations” by Act No. 29 of 1989,
s. 43 (ii), (w.e.f. 20-10-1989).
3. Subs. for “Principal Officers” by Act No. 29 of
1989, s. 43 (iii), (w.e.f. 20-10-1989).
4. Clause (ee) re-lettered as clause (ei) and clauses
(ea) to (eh) inserted by Act No. 29 of 1989, s. 43 (iv) (w.e.f. 20-10-1987).
5. Clause (ee) re-lettered as clause (ei) and clause
(ea) to (eh) inserted by Act No. 29 of 1989, s. 43 (iv), (w.e.f. 20-10-1989).
6. Word “and” omitted by Act. No. 29 of 1989, s.
43 (v), (w.e.f. 20-10-1989).
7. Ins. by Act No. 29 of 1989, s. 43 (vi), (w.e.f.
20-10-1989).
8. Ins. by Act No. 45 of 1984, s. 10 (w.e.f. 27-1-1985).
9. Ins. by Act No. 44 of 1966, s. 38 (w.e.f. 28-1-1968).
10. Subs. by Act No. 38 of 1975, s. 7, for certain words
(w.e.f. 1-9-1975).
96. Power of State Government to make
rules. –
(1) The State Government may, 1[after consultation
with the Corporation and], subject to the condition of previous publication,
make rules not inconsistent with this Act in regard to all or any
of the following matters, namely: -
(a) The constitution of Employees' Insurance Courts,
the qualifications of persons who may be appointed judges thereof,
and the conditions of service of such judges.
(b) The procedure to be followed in proceedings before
such Courts and the execution of orders made by such Courts;
(c) The fee payable in respect of applications made
to the Employees' Insurance Court, the costs incidental to the proceedings
in such Court, the form in which applications should be made to it
and the particulars to be specified in such applications;
(d) The establishment of hospitals, dispensaries and
other institutions, the allotment of insured persons or their families
to any such hospital, dispensary or other institution;
(e) The scale of medical benefit, which shall be provided
at any hospital, clinic, dispensary or institution, the keeping of
medical records and the furnishing of statistical returns;
(f) The nature and extent of the staff, equipment
and medicines that shall be provided at such hospitals, dispensaries
and institutions;
(g) The conditions of service of the staff employed
at such hospitals, dispensaries and institutions; and
(h) Any other matter, which is required or allowed
by this Act to be prescribed by the State Government.
(2) Rules made under this section shall be published
in the Official Gazette and thereupon shall have effect as if enacted
in this Act.
2[(3) Every rule made under this section shall
be laid as soon as may be after it is made, before each House of the
State Legislature where it consists of two Houses, or, where such
Legislature consists of one House, before that House.]
1. Ins. by Act No. 44 of 1966, s. 39 (w.e.f. 28-1-1968).
2. Ins. by Act No. 45 of 1984, s. 11 (w.e.f. 27-1-1985).
97. Power of Corporation to make regulations. -
(1) The Corporation may, 1[* * * *] subject
to the condition of previous publication, make regulations, not inconsistent
with this Act and the rules made thereunder, for the administration
of the affairs of the Corporation and for carrying into effect the
provisions of this Act.
(2)
In particular and without prejudice to the generality of the foregoing
power, such regulations may provide for all or any of the following
matters, namely: -
(i) The time and place of meetings of the Corporation,
the Standing Committee and the Medical Benefit Council and the procedure
to be followed at such meetings;
2[(ia) The time within which and the manner in
which a factory or establishment shall be registered;]
(ii) The matters, which shall be referred by the Standing
Committee to the Corporation for decision;
(iii) The manner in which any contribution payable under
this Act shall be assessed and collected;
3[(iiia) The rate of interest higher than twelve
per cent. on delayed payment of contributions;]
(iv) Reckoning of wages for the purpose of fixing the
contribution payable under this Act;
4[(iva) The register of employees to
be maintained by the immediate employer;
(ivb) The entitlement of sickness benefit or disablement
benefit for temporary disablement on any day on which person works
or remains on leave or on holiday and in respect of which he receives
wages or for any day on which he remains on strike;]
(v) The certification of sickness and eligibility
for any cash benefit;
5[(vi) The method of determining whether an insured
person is suffering from one or more of the diseases specified in
the Third Schedule
(vii) The assessing of the money value of any benefit,
which is not, a cash benefit;
(viii)
The time within which 6[and the form and manner in which]
any claim for a benefit may be made and the particulars to be specified
in such claim;
(ix) The circumstances in which an employee in receipt
of disablement benefit may be dismissed, discharged, reduced or otherwise
punished;
(x) The manner in which and the place and time at
which an benefit shall be paid;
(xi) The method of calculating the amount of cash benefit
payable and the circumstances in which and the extent t which commutation
of disablement and dependent' benefits, may be allowed and the method
of calculating the commutation value;
(xii)
The notice of pregnancy or of confinement and notice and proof of
sickness;
7[(xiia)
specifying the authority competent to give certificate o eligibility
for maternity benefit;
(xiib)
the manner of nomination by an insured woman for payment of maternity
benefit in case of her or her child's death;
(xiic)
the production of proof in support of claim for maternity benefit
or additional maternity benefit;]
(xiii) The conditions under which any benefit may be
suspended;
(xiv) The conditions to be observed by a person when
in receipt of any benefit and the periodical medical examination of
such persons;
8* * * * *
(xvi) The appointment of medical practitioners for the
purposes of this Act, the duties of such practitioners and the form
of medical certificates;
7[xvia) The qualifications and experience which a
person should possess for giving certificate of sickness;
(xvib) The constitution of medical boards and medical appeal
tribunals;]
(xvii) The penalties for breach of regulations by fine
(not exceeding two days' wages for a first breach and not exceeding
three days' wages for any subsequent breach) which may be imposed
on employees;
9[(xviia)
The amount of damages to be recovered as penalty;
(xviib)
The terms and conditions for reduction or waiver of damages in relation
to a sick industrial company;]
(xviii) The circumstances in which and the conditions subject
to which any regulation may be relaxed, the extent of such relaxation,
and the authority by whom such relaxation may be granted;
10[(xix) The returns to be submitted and the registers
or records to be maintained by the principal and immediate employers,
the forms of such returns, registers or records, and the times at
which such returns should be submitted and the particulars which such
returns, registers and records should contain;]
(xx) The duties and powers of Inspectors and other officers
and servants of the Corporation;
10[(xxi) The method of recruitment, pay and allowances,
discipline, superannuation benefits and other conditions of service
of the officers and servants of the Corporation other than the 11[Director
General and Financial Commissioner];
(xxii) The procedure to be followed in remitting contributions
to the Corporation; and
(xxiii) Any matter in respect of which regulations are
required or permitted to be made by this Act.
12[(2A) The condition of previous publication shall
not apply to any regulations of the nature specified in clause (xxi)
of sub-section (2).]
(3) Regulations made by the Corporation shall be published
in the Gazette of India and thereupon shall have effect as if enacted
in this Act.
13[(4) Every regulation shall, as soon as
may be, after it is made by the Corporation, be forwarded to the Central
Government and that Government shall cause a copy of the same to be
laid before each House of Parliament, while it is in session for a
total period of thirty days, which may be comprised in one session
or in two or more successive sessions, and if, before the expiry of
the session immediately following the session or the successive sessions
aforesaid, both Houses agree in making any modification in the regulation
or both Houses agree that the regulation should not be made, the regulation
shall thereafter have effect only in such modified form or be of no
effect, as the case may be; so, however, that any such modification
or annulment shall be without prejudice to the validity of anything
previously done under that regulation.]
1. Words “with the prior approval of the Central
Government omitted by Act No. 29 of 1989, s. 44 (i), (w.e.f 20-10-1989).
2.
Ins. by Act No. 44 of 1966, s. 40, (w.e.f. 28-1-1968).
3.
Subs. for clause (iiia) by Act No. 29 of 1989, s. 44 (ii) (a) (w.e.f.
20-10-1989).
4.
Ins. by Act No. 29 of 1989, s. 44 (ii) (b), (w.e.f. 20-10-1989).
5.
Subs. by Act No. 44 of 1966, s. 40, for the original cl. (w.e.f. 28-1-1968).
6.
Subs. by Act No. 44 of 1966, s. 40, for “and the form in which”
(w.e.f. 28-1-1968).
7.
Ins. by Act No. 44 of 1966, s. 40 (w.e.f. 28-1-1968).
8.
Clause (xv) omitted by Act No. 29 of 1989, s. 44(ii)(c), (w.e.f. 20-10-1989).
9.
Ins. by Act No. 29 of 1989, s. 44 (ii)(d), (w.e.f. 20-10-1989).
10.
Subs. by Act No.53 of l951,'s.25, for the form Cl.
11.
Subs. for “principal officers “by ActNo-29ofl989, s.44 (ii)(e),(w.e.f.20-10-1989).
12.
Ins-byActNo.53ofl951, s.25.
13.
Ins-byActNo.45ofl984, s.12 (w.e.f.27-1-1985).
98.
[Corporation may undertake duties in Part B States.]Rep.
by the Employees' State Insurance (Amendment) Act, 1951 (53 of 1951),
s. 26.
1[99. Medical
care for the families of insured persons. - At any time when its funds so permit, the Corporation may provide
or contribute towards the cost of medical care for the families of
insured persons.]
1. Subs. for section 99 by Act No. 29 of 1989, s.
45
1[99A. Power to remove difficulties.
–
(1)
If any difficulty arises in giving effect to the provisions
of this Act, the Central Government may, by order published in the
Official Gazette, make such provisions or give such directions, not
inconsistent with the provisions of this Act, as appears to it to
be necessary or expedient for removing the difficulty.
(2) Any order made under this section
shall have effect notwithstanding anything inconsistent therewith
in any rules or regulations made under this Act.]
1. Ins. by Act No. 44 of 1966, s. 41 (w.e.f. 17-6-1967).
1[100. Repeals and
savings. -If, immediately before the day on which this Act
comes into force 2[in any part of the territories which, immediately
before the lst November, 1956, were comprised in a Part B State],
there is in force in 3[that part] any law corresponding to
this Act, that law shall, on such day, stand repealed:
Provided that the repeal shall not affect
-
(a) The previous operations of any such law, or
(b) Any penalty, forfeiture or punishment incurred
in respect of any offence committed against any such law, or
(c)
Any investigation or remedy in respect of any such penalty, forfeiture
or punishment;
And any such investigation, legal proceeding or remedy may
be instituted, continued or enforced and any such penalty, forfeiture
or punishment may be imposed, as if this Act had not been passed:
Provided
further that subject to the preceding proviso anything done or any
action taken under any such law shall be deemed to have been done
or taken under the corresponding provision of this Act and shall continue
in force accordingly unless and until superseded by anything done
or any action taken under this Act.]
4*
* *
1. Ins. by Act No. 53 of 1951, s. 27.
2. Subs. by the A.0. (No. 3) 1956, for “in a Part
B State”.
3. Subs. by the A.0. (No. 3) 1956, for “that State.”
4.
THE FIRST SCHEDULE omitted by Act No.29 of l989,s.46,(w.e.f.1-2-1991).