Skip to main content

Benefit from ESIC

 

 

 

The section 46 of the Act envisages following six social security benefits :-

(a) Medical Benefit - the rates and period thereof shall be such as may be prescribed by the Central Government.

(b) Sickness Benefit (SB) - the rates and period thereof shall be such as may be prescribed by the Central Government.

1. Extended sickness Benefit (ESB)
2. Enhanced Sickness Benefit

(c) Maternity Benefit (MB) -the rates and period thereof shall be such as may be prescribed by the Central Government.

(d) Disablement Benefit  - the rates and period thereof shall be such as may be prescribed by the Central Government.

1. Temporary disablement benefit(TDB)
2. Permanent disablement benefit(PDB)

(e) Dependants’ Benefit (DB)

(f) Funeral Expenses - the rates and period thereof shall be such as may be prescribed by the Central Government.

An interesting feature of the ESI Scheme is that the contributions are related to the paying capacity as a fixed percentage of the workers wages, whereas, they are provided social security benefits according to individual needs without distinction.

Cash Benefits are disbursed by the Corporation through its Local Offices LOs/ Mini Local Offices (MLOs)/Sub Local Offices SLOs)/pay offices, subject to certain contributory conditions.

In addition, the scheme also provides some other need based benefits to insured workers.

These includes :

  1. Rehabilitation allowance
  2. Vocational Rehabilitation
  3. Unemployment Allowance (Under Rajiv Gandhi Shramik Kalyan Yojana)

Section 46: Benefits

(1) Subject to the provisions of this Act, the insured persons [their dependants or the persons hereinafter mentioned, as the case my be] shall be entitled to the following benefits, namely -

(a) Periodical payments to any insured person in case of his sickness certified by a duly appointed medical practitioner [or by any other person possessing such qualifications and experience as the Corporation may, by regulations, specify in this behalf] (hereinafter referred to as sickness benefit);

(b) Periodical payments to an insured woman in case of confinement or miscarriage or sickness arising out of pregnancy, confinement, premature birth of child or miscarriage, such woman being certified to be eligible for such payments by authority specified in this behalf by the regulations (hereinafter referred to as maternity benefit);]

(c) Periodical payments to an insured person suffering from disablement as a result of an employment injury sustained as an employee under this Act and certified to be eligible for such payments by an authority specified in this behalf by the regulations (hereinafter referred to as disablement benefit);

(d) Periodical payments to such dependants of an insured person who dies as a result of an employment injury sustained as an employee under this Act, as are entitled to compensation under this Act (hereinafter referred to as dependants' benefit);

(e) Medical treatment for an attendance on insured persons (hereinafter referred to as medical benefit); [and]

(f) Payment to the eldest surviving member of the family of an insured person who has died, towards the expenditure on the funeral of the deceased insured person, or, where the insured person did not have a family or was not living with his family at the time of his death, to the person who not living with his family at the time of his death, to the person who actually incurs the expenditure on the funeral of the deceased insured person (to be known as [funeral expenses])

Provided that the amount of such payment shall not exceed [such amount as may be prescribed by the Central Government] and the claim for such payment shall be made within three months of the death of the insured person or within such extended period as the Corporation or any officer or authority authorised by it in this behalf may allow.]

(2) The Corporation may, at the request of the appropriate Government, and subject to such conditions as may be laid down in the regulations, extend the medical benefits to the family of an insured person.

 

Comments

Popular posts from this blog

Analysis of The Haryana State Employment of Local Candidates Act, 2020 - by S K Gupta , Advocate , Supreme Court

  Analysis of The Haryana State Employment of Local Candidates Act, 2020 ARTICLE ON THE HARYANA STATE EMPLOYMENT OF LOCAL CANDIDATES ACT,2020 AND ITS VALIDITY UNDER THE PROVISIONS OF THE CONSTITUTION OF INDIA Completely analyzed By S K Gupta , Advocate , Supreme Court www.makeinindialawfirm.com Applicability : The Haryana State Employment of Local Candidates Act, 2020 (in short the ‘Act, 2020’) which shall be applicable to all private companies, societies, trusts, and partnership firms (hereinafter referred ‘establishment”) in the State of Haryana which employ more than 10 people in their establishments, will have to reserve 75% of their future jobs employment for those local employees who are being offered a salary of 30,000 or less with effect from January 15, 2022. Exemption Clause: Under Section 5 of the Act, 2020 is having exemption clause by which employers are allowed to claim exemption from reserving jobs if “local candidates of the desired skill, qualification or proficiency

The Madhya Pradesh Code on Wages Rules, 2020

  The Madhya Pradesh Code on Wages Rules 2020 मध्यप्रदेश राजपत्र  (असाधारण) प्राधिकार से प्रकाशित  क्रमांक 494]  भोपाल, गुरुवार, दिनांक 24 दिसम्बर 2020-पौष 3, शक 1942  श्रम विभाग  मंत्रालय, वल्लभ भवन, भोपाल भोपाल, दिनांक 23 दिसम्बर 2020 No.1227-1893-2019-A-XVI.- The following draft of rules, which the State Government proposes to make in exercise of the powers conferred under section 67 of the Code on Wages, 2019 and in supersession of the Minimum wages (The Madhya Pradesh) Rules, 1958 and the Madhya Pradesh payment of wages Rules, 1962 are hereby, being previously published as required by sub-section (1) of said section 67, for the information of all persons likely to be affected thereby and the notice is hereby given that the said draft rules will be taken into consideration after the expiry of a period of forty five days from the date of publication of this notice in the official Gazette.  Objection and suggestions, if any, received at Deputy Secretary to the Government of Madhya Pr

Conveyance Allowance is not wage under ESI Act - Supreme Court

  The below case details and attached judgement copy is for your knowledge and reference purpose. Case between - Texmo Industries Vs ESIC Subject of the Case - “Conveyance Allowance” is an exempt component of wage under ESIC - Supreme Court of India in the case of ESIC Vs Texmo Industries in Special Leave Petition (c), SC-811/2021. Case Details Matter in Front of the Employees State Insurance Court - Coimbatore. ESIC conducted the Inspection Texmo Industries for the period of December 2010 to December 2014. The ESIC Inspecting authorities found Rs. 19,38,300/- was due from the employer which includes Rs. 9,48,517/- for the payment of the Conveyance allowance. The authorities found Rs. 1,45,92,566/- was paid on the head of the conveyance allowance as wages. The ESIC further issued a notice under Section 7-C and subsequently issued an Order under Section 45A for the payment of contribution for the Conveyance allowance paid to the employees of Rs. 9,48,517/-. Texmo Industries paid the rem