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THE EMPLOYEES' STATE INSURANCE ACT, 1948
ACT NO. 34 OF 1948 1*
[19th April, 1948.]
An Act to provide for certain benefits to employees in case of
sickness, maternity and employment injury and to make provision for
certain other matters in relation thereto.
WHEREAS it is expedient to provide for certain benefits to
employees in case of sickness, maternity and employment injury and to
make provision for certain other matters in relation thereto;
It is hereby enacted as follows:--
CHAP
PRELIMINARY
CHAPTER I
PRELIMINARY
1.
Short title, extent, commencement and application.
1. Short title, extent, commencement and application.- (1) This
Act may be called the Employees' State Insurance Act, 1948.
(2) It extends to the whole of India 2***.
(3) It shall come
Central Government may,
appoint, and different
provisions of this Act
parts thereof].
into force on such date or dates3* as the
by notification in the Official Gazette,
dates 3* may be appointed for different
and 4*[for different States or for different
(4) It shall apply, in the first instance, to all factories
(including factories belonging to the Government) other than seasonal
factories.
5*[Provided that nothing contained in this sub-section shall
apply to a factory or establishment belonging to or under the control
of the Government whose employees are otherwise in receipt of benefits
substantially similar or superior to the benefits provided under this
Act.]
(5) The appropriate Government may, in consultation with the
Corporation and 6*[where the appropriate Government is a State
Government, with the approval of the Central Government], after giving
six months' notice of its intention of so doing by notification in the
Official Gazette, extend the provisions of this Act or any of them, to
any other establishment or class of
commercial, agricultural or otherwise:
establishments,
industrial,
7*[Provided that where the provisions of this Act have been
brought into force in any part of a State, the said provisions shall
stand extended to any such establishment or class of establishments
within that part if the provisions have already been extended to
similar establishment or class of establishments in another part of
that State.];
5*[(6) A factory or an establishment to which this Act applies
shall continue to be governed by this Act notwithstanding that the
number of persons employed therein at any time falls below the limit
specified by or under this Act or the manufacturing process therein
ceases to be carried on with the aid of power.].
--------------------------------------------------------------------1.
This Act has been extended to Jaunsar Bawar Parganas in the Dehra
Dun District and the areas of South of Kaimpur range in the Mirzapur
District of the State of Uttar Pradesh by Schedule IV of Act 20 of
1954; Pondicherry by Reg. 7 of 1963, s. 3 and Sch. I and Goa, Daman
and Diu by Reg. 11 of 1963, s. 3 and Sch.
2.
The words "except the State of Jammu and Kashmir" omitted by Act
51 of 1970, s. 2 and Sch. (w.e.f. 1-9-1971).
3.
For dates, see Annexure.
4.
Subs. by Act 53 of 1951, s. 2, for "for different States".
5.
Ins. by Act 29 of 1989, s. 2 (w.e.f. 20-10-1989).
6.
Subs. by Act 53 of 1951, s. 2, for
"with the approval of the
Central Government".
7.
Ins. by Act 29 of 1989, s. 2 (w.e.f. 16-5-1990).
224
2.
Definations.
2. Definations.- In this
in the subject or context,-(1)
2*
Act, unless there is anything repugnant
"appropriate
Government"
means,
in
respect
of
establishments under
the control
of the Central
Government or 1*[a railway administration] or a major
port or a mine or oilfield, the Central Government, and
in all other cases, the State Government;
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*
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