60.      Benefit not assignable or attachable. -

(l)The right to receive any payment of any benefit under this Act shall not be transferable or assignable.

(2)No cash benefit payable under this Act shall be liable to attachment or sale in execution of any decree or order of any Court.

61.Bar of benefits under other enactments-When a person is entitled to any of the benefits provided by this Act, he shall not be entitled to receive any similar benefit admissible under the provisions of any other enactment.

 

62.Persons not to commute cash benefits. -Save as may be provided in the regulations no person shall be entitled to commute for a lump-sum any 1[disablement benefit] admissible under this Act.

1. Subs. for “periodical payment” by Act No. 29 of 1989, s. 24, (w.e.f. 20-10-1989).

1[63.  Persons not entitled to receive benefit in certain cases. -Save as may be provided in the regulations, no person shall be entitled to sickness benefit or disablement benefit for temporary disablement on any day on which he works or remains on leave or on a holiday in respect of which he receives wages or on any day on which he remains on strike.]

1.Subs. for section 63, by Act No. 29 of 1989, s. 25, (w.e.f. 20-10-1989).

64.Recipients of sickness or disablement benefit to observe conditions. -A person who is in receipt of sickness benefit or disablement benefit (other than benefit granted on permanent disablement)-

(a)Shall remain under medical treatment at a dispensary, hospital, clinic or other institution provided under this Act and shall carry out the- instructions given by the medical officer or medical attendant in charge thereof;

(b)Shall not while under treatment do anything, which might retard or prejudice his chances of recovery;

(c)Shall not leave the area in which medical treatment provided by this Act is being given, without the permission of the medical officer, medical attendant or such other authority as may be specified in this behalf by the regulations; and

(d)Shall allow himself to be examined by any duly appointed medical officer 1* * * or other person authorised by the Corporation in this behalf.

1.Words “or sick visitor” omitted by Act No. 29 of 1989, s. 26, (w.e.f. 20-10-1989).

 

65. Benefits ot to be combined. -

(1)An insured person shall not be entitled to receive for the same period-

    (a)   Both sickness benefit and maternity benefit; or

    (b)   Both sickness benefit and disablement benefit for temporary disablement; or

    (c)   Both maternity benefit and disablement benefit for temporary disablement.

(2) Where a person is entitled to more than one of the benefits mentioned in sub-section (1), he shall be entitled to choose which benefit he shall receive.

66.   [Corporation's right to recover damages from employer in certain cases.]Rep. by the Employees' State Insurance (Amendment) Act, 1966 (44 of 1966), s. 29 (w.e.f. 17-6-1967).

 

67. [Corporation's right to be indemnified in certain cases.]Rep. by s. 29, ibid. (w.e.f. 17-6-1967).

 

68.Corporation's rights where a principal employer fails or neglects to pay any contribution. –

 

(l)If any principal employer fails or neglects to pay any contribution which under this Act he is liable to pay in respect of any employee and by reason thereof such person becomes disentitled to any benefit or entitled to a benefit on a lower scale, the Corporation may, on being satisfied that the contribution should have been paid by the principal employer, pay to the person the benefit at the rate to which he would have been entitled if the failure or neglect had not occurred and the Corporation shall be entitled to recover from the principal employer either-

 

1[(i)The difference between the amount of benefit which is paid by the Corporation to the said person and the amount of the benefit which would have been payable on the basis of the contributions which were in fact paid by the employer; or]

(II) Twice the amount of the contribution, which the employer failed or neglected to pay.

Whichever is greater.

(2)The amount recoverable under this section may be recovered as if it were an arrea of land-revenue 2[or under section 45C to section 451].

1.subs. by Act No. 53 of 1951, s. 19, for cl. (i).

2.Added by Act No.29 of l989, s.27. (W.e.f.20-10-1989).

 

69.      Liability of owner or occupier of factories, etc., for excessive sickness benefit. -

(l)Where the Corporation considers that the incidence of sickness among insured persons is excessive by reason of-

(i)   Insanitary working conditions in a factory or establishment or the neglect of the owner or occupier of the factory or establishment to observe any health regulations enjoined on him by or under any enactment, or

(ii)   Insanitary condition of any tenements or lodgings occupied by insured persons and such insanitary conditions are attributable to the neglect of the owner of the tenements or lodgings to observe any health regulations enjoined on him by or under any enactment, the Corporation may send to the owner or occupier of the factory or establishment or to the owner of the tenements of lodgings, as the case may be, a claim for the payment of the amount of the extra expenditure incurred by the Corporation as sickness benefit; and if the claim is not settled by agreement, the Corporation may refer the matter, with a statement in support of its claim, to the appropriate Government.

(2)If the appropriate Government is of opinion that a prima facie case for inquiry is discloed, it may appoint a competent person or persons to hold an inquiry into the matter.

(3)If upon such inquiry it is proved to the satisfaction of the person or persons holding the inquiry that the excess in incidence of sickness among the insured persons is due to the default or neglect of the owner or occupier of the factory or establishment or the owner of the tenements or lodgings, as the case may be, the said person or persons shall determine the amount of the extra expenditure incurred as sickness benefit, and the person or persons by whom the whole or any part of such amount shall be paid to the Corporation.

(4)A determination under sub-section (3) may be enforced as if it were a decree for payment of money passed in a suit by a Civil Court.

(5)For the purposes of the section, “owner” of tenements or lodgings shall include any agent of the owner and any person who is entitled to collect the rent of the tenements or lodgings as a lessee of the owner.

 

70. Repayment of benefit improperly received.

(1)Where any person has received any benefit or payment under this Act when he is not lawfully entitled thereto, he shall be liable to repay to the Corporation the value of the benefit or the amount of such payment, or in the case of his death his representative shall be liable to repay the same from the assets of the deceased if any, in his hands.

(2)The value of any benefits received other than cash payments shall be determined by such authority as may be specified in the regulations made in this behalf and the decision of such authority shall be final.

(3)  The amount recoverable under this section may be recovered as it were an arrear of land revenue 1[or under section 45C to section 451].

 

1.   Added by Act No. 29 of 1989, s. 27. (w.e.f. 20-10-1989).

 

71.Benefit payable up to and including day of death. -[If a person dies,], during any period for which he is entitled to a cash benefit under this Act, the amount of such benefit up to and including the day of his death shall be paid to any person nominated by the deceased person in writing in such form as may be specified in the regulations or, if there is no such nomination, to the heir or legal representative of the deceased person.

1.Subs. for “Except as provided in the provision to sub-section (2) of section 50, ff a person dies” by Act No. 29 of 1989, s. 28, (w.e.f. 1-2-1991).

 

72.Employer not to reduce wages, etc.- No employer by reason only of his liability for any contributions payable under this Act shall, directly or indirectly reduce the wages of any employee, or except as provided by the regulations, discontinue or reduce benefits payable to him under the conditions of his service which are similar to the benefits conferred by this Act.

 

73.  Employer not to dismiss or punish employee during period of sickness, etc.-

(1)No employer shall dismiss, discharge or reduce or otherwise punish an employee during the period the employee is in receipt of sickness benefit or maternity benefit, nor shall he, except as provided under the regulations, dismiss, discharge or reduce or otherwise punish an employee during the period he is in receipt of disablement benefit for temporary disablement or is under medical treatment for sickness or is absent from work as a result of illness duly certified in accordance with the regulations to arise out of the pregnancy or confinement rendering the employee unfit for work.

 

(2)  No notice of dismissal or discharge or reduction given to an employee during the period specified in sub-section (1) shall be valid or operative.