Social
Laws for Labour Welfare and Social Security
UNIT 25 THE EMPLOYEES' STATE INSURANCE ACT, 1948
Objectives The Objectives of this unit are to: • • discuss the salient features of the Act present selected case law on the subject
Structure 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 Genesis of the Act Applicability of the Act Definitions Contributions Registration Administration Benefits Restrictions Protection Penalties and Damages Miscellaneous Case Law Self-Assessment Questions Answers to Check Your Progress Further Readings
25.1
GENESIS OF THE ACT
18
The Employees' State Insurance Act, 1948, is a pioneering measure in the field of social insurance in our country. The subject of health insurance for industrial workers was first discussed in 1927 by the Indian Legislature, when the applicability of the Conventions adopted by the International Labour Conference was considered by the Government of India. The Royal Commission on Labour, in its report (1931), stressed the need for health insurance for workers in India. One of the earlier decisions of the Labour Ministers' Conferences between 1940 and 1942 was to invite an expert to frame a scheme of health insurance for workers. In pursuance thereof, the responsibility for preparing a detailed scheme of health insurance for industrial workers was entrusted in March 1943 to Prof. B.P. Adarkar who submitted his report in December 1944. This was considered by the Government of India and State governments as well as other interested parties. The Adarkar Plan and various other suggestions emerged finally in the form of Workmen's State Insurance Bill 1946, which was then referred to a Select Committee in November 12, 1947: The Select Committee.extended the cover-age to all the employees in factories, and changed its name from Workmen's State Insurance Bill to Employees' State Insurance Bill The Employees' State Insurance Act came into force from 19th April 1948. The scheme
UNIT 25 THE EMPLOYEES' STATE INSURANCE ACT, 1948
Objectives The Objectives of this unit are to: • • discuss the salient features of the Act present selected case law on the subject
Structure 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 Genesis of the Act Applicability of the Act Definitions Contributions Registration Administration Benefits Restrictions Protection Penalties and Damages Miscellaneous Case Law Self-Assessment Questions Answers to Check Your Progress Further Readings
25.1
GENESIS OF THE ACT
18
The Employees' State Insurance Act, 1948, is a pioneering measure in the field of social insurance in our country. The subject of health insurance for industrial workers was first discussed in 1927 by the Indian Legislature, when the applicability of the Conventions adopted by the International Labour Conference was considered by the Government of India. The Royal Commission on Labour, in its report (1931), stressed the need for health insurance for workers in India. One of the earlier decisions of the Labour Ministers' Conferences between 1940 and 1942 was to invite an expert to frame a scheme of health insurance for workers. In pursuance thereof, the responsibility for preparing a detailed scheme of health insurance for industrial workers was entrusted in March 1943 to Prof. B.P. Adarkar who submitted his report in December 1944. This was considered by the Government of India and State governments as well as other interested parties. The Adarkar Plan and various other suggestions emerged finally in the form of Workmen's State Insurance Bill 1946, which was then referred to a Select Committee in November 12, 1947: The Select Committee.extended the cover-age to all the employees in factories, and changed its name from Workmen's State Insurance Bill to Employees' State Insurance Bill The Employees' State Insurance Act came into force from 19th April 1948. The scheme