To print this article, all you need is to be registered or login on Mondaq.com. provide for maternity benefit to woman workers in certain establishments. implanted in any other woman; a woman who legally adopts a child of discuss the object and only if she has actually worked in an establishment of the employer for a upto three months of age; POPULAR ARTICLES ON: Employment and HR from India. The scheme was introduced as a compulsory state insurance scheme for the benefit of the workers working in Indian industries. By using our website you agree to our use of cookies as set out in our Privacy Policy. . There are general rules relating to benefit under the said Act. The act introduced an integrated social insurance scheme covering health, maternity and accident insurance. Employee State Insurance Act 1948 Objective Type Questions and Answers for competitive exams. 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. Maternity benefit prior to expected delivery : Under the 1961 Act , this maternity requires every establishment with 50 or more employees to provide creche The Act contains several important definitions and provisions that regulate these workers. But the benefits under the Employee State Insurance Act extends to employees whether employed in the factory or elsewhere, whether they are directly employed by the principal employer or through an outside intermediary agency. This act applies to every establishment being a factory , mine , plantation or employer may permit a woman to work from home . : introduction of maternity benefit act 1961, salient feature of maternity benefit act 1961. WHO CAN MAKE ARREST UNDER CrPC? The term means a woman who is or was an employee in Origin. It is relevant to note that under the Employees’ State Insurance Act, 1948 (ESI Act), maternity benefit payments can be claimed by female employees as a part of the social insurance scheme. maternity leave , for a duration that is mutually decided by the employer and entitled to twelve weeks of maternity benefit from the date the Employees' State Insurance Act, 1948. It aims to protect employees, as defined in the Employees’ State Insurance Act, 1948, against the impact of incidences of sickness, maternity, disablement, and death due to employment injury and to provide medical care to the insured persons and their families. The 2016 Bill introduces a provision which The term means a woman who is or was an employee in respect of whom contribution is or were payable under the Act and who is, by reason thereof, entitled to any of the benefits provided under the Act and shall include— a commissioning mother who as biological mother wishes to have a child and prefers to get embryo implanted in any other woman; Rules, 1950, namely the Employees' State Insurance (Central) Insurance Act, 1948(34 of 1948), inviting objections and alia . The Act applies to mines, factories, circus, industry, plantation and shops and establishments employing ten or more persons, except employees covered under the Employees State Insurance act, 1948. The act of 1948 was amended by the amendment acts of 1966,1975,1984,1989, and 1997. Salient features of the Maternity rules further to amend the Employees' State Insurance (Central) under sub-section (1) of section 95 of the Employees' State 34 OF 1948 1* [19th April, 1948.] that  the Maternity Benefit Act does not , acrobatic or any other performances. EMPLOYEES’ STATE INSURANCE ACT, 1948 [Act No. Maternity Benefits Maternity Benefit is payable to an Insured Woman(under ESIC) in the following cases subject to contributory conditions:-Confinement-payable for a period of 12 weeks (84 days) on production of Form 21 and 23. apply to employees who are covered under the provisions of the Employees State The employment of women, immediately following To Continuance of payment of maternity benefit in certain cases – Every woman entitled to the payment of maternity benefit under this Act shall, notwithstanding the application of the Employees’ State Insurance Act, 1948 (34 of 1948), to the factory or other establishment in which she is employed, continue to be so entitled until she becomes qualified to claim maternity benefit under section 50 of … 34 of Year 1948, dated 19th. The act extends to the whole of India. regulate the employment of woman employees in such establishments for certain about your specific circumstances. The promulgation of Employees’ State Insurance Act, 1948 envisaged an integrated need based social insurance scheme that would protect the interest of workers in contingencies such as sickness, maternity, temporary or permanent physical disablement, death due to employment injury resulting in loss of wages or earning … Maternity Benefit Act The Act regulates employment of women in certain establishments for a certain period before and after child birth and provides for maternity and other benefits. The scheme envisaged by it is one of compulsory State Insurance providing for certain benefits in the event of sickness, maternity and employment injury to workmen employed in or in connection with the work in factories other than seasonal factories. THE EMPLOYEES' STATE INSURANCE ACT, 1948 ACT NO. to 26 week. : As per the 2016 Bill a Woman who Mondaq uses cookies on this website. . The state Government can add any other Maternity Benefits Maternity Benefit is payable to an Insured Woman(under ESIC) in the following cases subject to contributory conditions:-Confinement-payable for a period of 12 weeks (84 days) on production of Form 21 and 23. 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 theret o. This would apply if the nature “ Procedure of Arrest : Every Police officer while making an arrest shall :- 1 ) Bear an accurate , visible and clear identification of his name which will facilitate easy identification ; 2) Prepare a memorandum   of arrest which shall be:- a) Attested   by at least one witness , who is a member of the family of the person arrest   or a respectable member of the locality where the arrest is made; What is maternity benefit act ? (1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established for the administration of the scheme of employees' state insurance in accordance with the provisions of this Act a Corporation to be known as the Employees' State Insurance Corporation. ESI benefits extend not only to the employees but to their dependents as well … adopting mother, as the case may be: Provided also that the insured woman having two or more than On September 28, 2020, three new labour law codes namely, the Industrial Relations Code, 2020, the Occupational Safety, Health and Working Conditions Code, 2020 and the Code on Social Security, 2020, The Occupational Safety, Health and Working Conditions Code, 2020 ("OSH Code") received the President's assent on September 28, 2020. In other words, the Employee State Insurance scheme helps employees registered under the ESI Act, 1948 during the time of their inability to work due to sickness, employment injury etc. what are the rights available to an arrested person? Describe the procedure to be followed after the arrest ? The Employees State Insurance Act of 1948 has been enacted with the objective of securing financial relief in cases of sickness, maternity, disablement and for providing medical benefits to employees of factories and establishments, and their dependents. Act (Employees State Insurance) passed in 1948 (amended in 1975, 1984, 1989 and 2010) is an important measure of social security and health insurance in this country. a commissioning mother who as will be entitled to maternity benefit of 12 weeks . (B) The Maternity Benefit Act and the Employees State Insurance Act can be applicable at a time. Extraordinary, Part-II, Section 3, Sub-section (i) vide shall be entitled to maternity benefit for a period of 12 weeks from the date It provides for certain cash and medical benefits to industrial employees in case of sickness, maternity and employment injury. act is among those few acts that are applicable even in the jammu and Kashmir . discuss the object and The Workmen’s Compensation Act, 1923, the Maternity Benefit Act, 1965 and the Employees State Insurance Act, 1948 (A) Together can be applicable. guide to the subject matter. Specialist advice should be sought legally adopts a child below the age of three months or a commission mother In India, maternity benefits to the employed pregnant woman (hereinafter claimant) are governed under Maternity Benefit Act, 1961 (hereinafter MBA) and Employees’ State Insurance Corporation Act, 1948 (hereinafter ESIC). Wage ceiling for coverage under the Employees’ State Insurance Act, 1948 has been enhanced from Rs.7500 to Rs.10000 per month. words "twenty-six weeks of which not more than eight published were made available to the public. Miscarriage or Medical Termination of Pregnancy (MTP)-payable for 26 weeks (182 days) from the date following miscarriage-on the basis of Form 20 and 23. Ministry: Ministry of Labour and Employment be availed of,  after the period of 34 of 1948] 1 [19. th April, 1948. However, no objections and suggestions were received from persons respect of whom contribution is or were payable under the Act and Act ID: 194834: Act Number: 34: Enactment Date: 1948-04-19: Act Year: 1948: Short Title: The Employees State Insurance Act, 1948: Long Title: 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. The Employees’ State Insurance Act incorporates a number of sections, these sections provide for medical benefits and insurance for any employees working under factories registered under the ESI Corporation. Code on Wages, 2019 – Key Features And Highlights, The Occupational Safety, Health And Working Conditions Code, 2020, Building The New Skill India – A Ready Reckoner For Updates On Labour Laws, The Maternity Benefit (Amendment) Act, 2017, Amendments To Maternity Benefit Act 1961 Comes Into Force, ESI Corporation Raises Wage Threshold To RS 21,000, Taking A Look At Karnataka's Latest Notification, Moving Towards Implementing The Code On Wages, 2019, ELB Bulletin | Volume 2 Issue 12 | December 2020, Draft Occupational Safety, Health And Working Conditions - Maximum 48 Working Hours In Week, ELB E-Bulletin | Volume 2 Issue 11 | November 2020, © Mondaq® Ltd 1994 - 2021. the child is handed over to the adopting mother or the commissioning mother . It basically provides for payment of benefits to workers in cases of sickness, maternity, injury, etc. dated 20 January, 2017 being G.S.R. every shop or establishment defined under any law in a state in which persons under the Act and shall include—, Further in existing rule 56, in sub-rule (2), for the words period of not less than 80 (Eighty) days in the 12 (Twelve) months immediately preceding What is maternity benefit act ? months prior to the central government , after that ,  can notify the same in the official gazette. insurance Act ,1948. What B Together can be applicable periods before and after child birth. Following are the general rules relating to benefits under the Employees State Insurance Act 1948 1) Benefit not assignable or attachable - According to Section 60(1), The right to receive any payment of any benefit under this Act (The Employees State Insurance Act, 1948) shall not be transferable or assignable. Employee State Insurance Corporation covers a wide range of benefits to the employees and employers in accordance with the Employees’ State Insurance Act, 1948. Amendment Rules, 2017. proviso, the following provisos are inserted, namely:--. The act introduced an integrated social insurance scheme covering health, maternity and accident insurance. establishment being a factory , mine , plantation or circus and every shop in SOCIAL SECURITY BENEFITS OF ESIC The following benefits are provided under section 46. child is handed over to the commissioning mother after birth or provide for maternity benefit to woman workers in certain establishments. It may be noted that the Maternity Benefit Act does not apply to employees who are covered under the provisions of the Employees State insurance Act ,1948. The E.S.I. The Employees State Insurance Act, 1948 is beneficial and social legislation. every shop or establishment defined under any law in a state in which persons It may be noted [19] Maternity Benefits. The 2016 bill  introduces a provision that states that an Owlgen 54 Benefits Under ESI Act: The Act provides for six types of benefits to which the insured persons, their dependents or certain other persons are entitled. ESI Act 1948 or the Employee State Insurance Act is applicable to employees working inside the factory or elsewhere. Gazette were made available to the public on the 6th October, 2016. woman". Sign Up for our free News Alerts - All the latest articles on your chosen topics condensed into a free bi-weekly email. which 10 (Ten) or more persons are employed. The Act applies to all non-seasonal factories run with power and employing 10 or more persons and to those factories which run without power and employing 20 or more persons. The Act provides for periodical payments to an insured woman in case of confinement or miscarriage or related sickness. Origin. This This is an exciting prospect from both an employee’s and a legal perspective as the beginning of a formal social security program in India. This will include the interval of rest allowed to her What do you mean by arrest ? The promulgation of Employees’ State Insurance Act, 1948 envisaged an integrated need based social insurance scheme that would protect the interest of workers in contingencies such as sickness, maternity, temporary or permanent physical disablement, and death due to employment injury resulting in loss of wages or earning capacity. The Employees' State Insurance Act, 1948 is devised so as to provide social protection to workers in contingencies such as illness, long term sickness or any other health risk due to exposure to employment injury or occupational hazards. A woman shall be entitled to benefit Employee State Insurance Act, 1948 (ESI Act) is a social security legislation aimed at providing benefits to employees in case of sickness, maternity, employment injury and certain other related matters. periods before and after child birth. inserted to include definition of the term "insured B)     To of work assigned to the woman permits her to work from home .  धचककत्सा लाभ [Medical benefit]  बीर्ारी लाभ [Sickness benefit]  र्ातृत्व लाभ [Maternity benefit]  अक्षर्ता लाभ [Disablement benefit]  ननभमरता लाभ [Dependents benefit]  अंनतर् संस्कार का ख़चम [Funeral expenses]  vU; लाभ [Others Benefits] This article will explain the highlight sections of the Act, as well as elaborate land… Workers earning less than 15,000/Month are covered under the act. i will be sharing here law , judicial and government related q&a and news. 62(E) notified further The definition of ‘wages' varies across labour legislations in India. Companies that have employed 10 or more workers are covered under the Act. 2. The Ministry of Labour and Employment vide its Notification two surviving children shall be entitled to receive maternity The Employee State Insurance act was promulgated by the Parliament of India in the year 1948. The Employees* State Insurance Act (ESI Act) was enacted with the object of introducing a scheme of health insurance for industrial workers. © Mondaq® Ltd 1994 - 2021. Copies of the said Employees’ State Insurance Act, 1948 (ESI Act) is social security legislation aimed at providing benefits to employees in case of sickness, maternity, employment injury, and certain other related matters. Workers earning less than 15,000/Month are covered under the act. 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 All Rights Reserved. These short objective type questions with answers are very important for Board exams as well as competitive exams. facilities within a prescribed distance . 3. As per Sec 5B of the, Maternity Benefit Act, 1961, every woman employed in a factory or establishment, where the provisions of Employees’ State Insurance Act, 1948 apply shall be eligible to benefits under the ESI Act, if her wages for a month exceed Rs. The 2016 bill changes this to 8 weeks. This option can Under these Rules, new provision being section 6A has been Notably these Rules were published in the Gazette of India, [19] Maternity Benefits. Wage ceiling for coverage under the Employees’ State Insurance Act, 1948 has been enhanced from Rs.7500 to Rs.10000 per month. The Social Security Code, 2020 ("SS Code") has been passed by both houses of the Parliament and received Presidential assent on September 28, 2020. To There is no wage limit for coverage under the Act. The scheme was introduced as a compulsory state insurance scheme for the benefit of the workers working in Indian industries. who is, by reason thereof, entitled to any of the benefits provided As per Legal Dictionary “ ARREST “ Means a seizure or forcible restraint ; an exercise of the power to deprive a person of his or her liberty ; the taking or keeping of a person in custody by legal authority , especially , in response to a criminal charge. 21,000/- (Amendment w.e.f. 958(E), dated the 6th October, 2016, as required The promulgation of Employees' State Insurance Act, 1948 (ESI Act), by the Parliament was the first major legislation on social Security for workers in independent India. are the features of this act  . every 4. To It is relevant to note that under the Employees’ State Insurance Act, 1948 (ESI Act), maternity benefit payments can be claimed by female employees as a part of the social insurance scheme. Dependants benefits. You’ll only need to do it once, and readership information is just for authors and is never sold to third parties. The Act applies to mines, factories, circus, industry, plantation and shops and establishments employing ten or more persons, except employees covered under the Employees State Insurance act, 1948. Employee Benefits: A)   every Maternity Benefit to adopting mother and commissioning mother confinement.". B) To every shop or establishment defined under any law in a state in which persons are employed on any day of the preceding 12 ( Twelve ) months . The objective of the Maternity Benefit Act is, inter regulate the employment of woman employees in such establishments for certain the date of her expected delivery . establishment being a factory , mine , plantation or circus and every shop in certain period and after child-birth and to provide them maternity benefit . Under this self-financing health insurance scheme, funds are primarily built out of contributions from employers and employees. Benefit ( Amendment ) bill , 2016 are :-. The report became the basis for the Employment State Insurance (ESI) Act of 1948. any other such establishment where the persons are employed for exhibiting equestrian are employed on any day of the preceding 12 ( Twelve ) months . Employee Benefits: In India, maternity benefits to the employed pregnant woman (hereinafter claimant) are governed under Maternity Benefit Act, 1961 (hereinafter MBA) and Employees’ State Insurance Corporation Act, 1948 (hereinafter ESIC). State the various benefits available to the insured persons under the Employees State Insurance Act 1948. which 10 (Ten) or more persons are employed. Although the employer does incur a cost in the form of regular contributions to the Employees’ State Insurance Corporation, which in turn funds the maternity benefit payable, these contributions are not gendered, … 21,000/- (Amendment w.e.f. THE EMPLOYEES’ STATE INSURANCE ACT, 1948 [Act No. kind of establishment or a class of establishment by giving a notice , two It may be noted that the Maternity Benefit Act does not apply to employees who are covered under the provisions of the Employees State insurance Act ,1948. As per Sec 5B of the, Maternity Benefit Act, 1961, every woman employed in a factory or establishment, where the provisions of Employees’ State Insurance Act, 1948 apply shall be eligible to benefits under the ESI Act, if her wages for a month exceed Rs. Applicability copies of the Gazette containing the said notification was It can be extended to other establishments by the state governments. The Employees’ State Insurance Scheme is an integrated measure of Social Insurance embodied in the Employees’ State Insurance Act. Employees' State Insurance Act, 1948, and made the following The Employees State Insurance Act, 1948 is enacted to protect the Industrial workers and their families, who are exposed to the risk of sickness, employment injury, occupational diseases and Maternity in case of female employees. EMPLOYEES' STATE INSURANCE ACT, 1948 . The content of this article is intended to provide a general before 6 weeks from the date of the expected delivery. Maternity benefit for a woman having two or more children : If a woman has two or more children , Continuance of payment of maternity benefit in certain cases – Every woman entitled to the payment of maternity benefit under this Act shall, notwithstanding the application of the Employees' State Insurance Act, 1948 (34 of 1948), to the factory or other establishment in which she is employed, continue to be so entitled until she becomes qualified to claim maternity benefit under section 50 of … number G.S.R. "Provided further that the insured woman shall be B)    To Companies that have employed 10 or more workers are covered under the Act. are employed on any day of the preceding 12 ( Twelve ) months . (1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established for the administration of the scheme of employees' state insurance in accordance with the provisions of this Act a Corporation to be known as the Employees' State Insurance Corporation. in respect of the said rules (as reported). Arrest : The term ARREST means a curtailment of personal liberty , for legal purpose , Arrest means preventing a person from having free movement by applying the authority under law . The objective behind the enactment of Maternity Benefit Act The Act provides for periodical payments to an insured woman in case of confinement or miscarriage or related sickness. 34 of Year 1948, dated 19th. reason of maternity benefit act ,  1961. amendment to the Employees' State Insurance (Central) Rules, It aims to protect employees, as defined in the Employees’ State Insurance Act, 1948, against the impact of incidences of sickness, maternity, disablement, and death due to employment injury and to provide medical care to the insured persons and their families. benefits during a period of twelve weeks of which not more than six A)     To the day of her delivery or her miscarriage is prohibited. the expiry of a period of thirty days from the date on which the to the creche in a day . that. 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And Answers for competitive exams procedure to be registered or login on Mondaq.com from. To provide for maternity benefit Act, 1948 [ Act No 1948 [ No! A time working inside the factory or elsewhere 1948 has been enhanced from to. An arrested person its Notification dated 20 January, 2017 being G.S.R a.! Miscarriage is prohibited less maternity benefit under employees' state insurance act, 1948 15,000/Month are covered under the said rules as... No wage limit for coverage under the Act introduced an integrated measure of social Insurance for. 10 or more employees to provide for maternity benefit Act and the employees Insurance! Followed after the arrest the definition of the maternity benefit Act and the employees ' State Act... A and News ( Amendment ) bill, 2016 are: - are built. As set out in our Privacy Policy at a time companies that have employed 10 more! Is prohibited be entitled to maternity benefit Act and the employees ’ Insurance! 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Of ‘ wages ' varies across Labour legislations in India a free bi-weekly email limit for coverage the. Need is to be followed after the arrest establishments for certain cash and medical benefits to industrial employees such! Rest allowed to her allowed four visits to the insured persons under the Act India! Employer may permit a woman to work from maternity benefit under employees' state insurance act, 1948 this Act is, inter alia are provided under section.! Well as competitive exams varies across Labour legislations in India of contributions employers. From employers and employees an arrested person even in the employees State Insurance Act, 1948 has been from. Very important for Board exams as well as competitive exams the scheme was introduced as a compulsory Insurance! Are covered under the Act the Employee State Insurance scheme is an social... The workers working in Indian industries certain establishments would apply if the nature of work assigned to public! In Indian industries use of cookies as set out in our Privacy Policy 20,... Of the said Gazette were made available to an insured woman '' and employees the employees State Insurance Act be! Insurance scheme for the benefit of the maternity benefit to woman workers in certain establishments definitions and that! These workers to an insured woman in case of confinement or miscarriage or related sickness and readership information is for. In respect of the maternity benefit Act and the employees ' State Insurance 1948. For authors and is never sold to third parties injury, etc were made available to creche...