Corporation Governance Quiz

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Questions and Answers

What is the primary provision regarding re-nomination or re-election for outgoing members of the Corporation, the Standing Committee, or the Medical Benefit Council?

They are eligible for re-appointment or re-election as the case may be. (correct)

They are only eligible if approved by the Central Government.

They are eligible for re-nomination or re-election only after a gap of one year.

They are ineligible for re-appointment or re-election under any circumstances.

How are orders and decisions of the Corporation typically authenticated?

By the signature of the Corporation's legal counsel.

By the collective signatures of all standing committee members.

By any member of the Corporation's signature.

By the signature of the Director General of the Corporation. (correct)

Who appoints the Chairman of the Standing Committee?

Appointed by the Central Government. (correct)

Appointed by the State Government.

Appointed by the Medical Benefit Council.

Elected by the Corporation members.

Besides the Chairman, how many members of the Corporation are appointed by the Central Government to the Standing Committee?

Three Signup and view all the answers

How many members representing employers are elected by the Corporation to the Standing Committee?

Three Signup and view all the answers

What is the standard term of office for an elected member of the Standing Committee (excluding those appointed by the Central Government)?

Two years Signup and view all the answers

What happens to a member of the Standing Committee when they cease to be a member of the Corporation?

They cease to hold office immediately. Signup and view all the answers

During whose pleasure does a Standing Committee member appointed by the Central Government hold their office?

The Central Government's Signup and view all the answers

According to the provided text, how can a principal employer recover an employee's contribution when the employee is directly employed by them?

By deducting it from the employee's wages. Signup and view all the answers

What is the primary limitation on deductions made from an employee's wages for the employee's contribution by a principal employer?

The deduction cannot go above the amount of the employee's contribution for the period. Signup and view all the answers

If a principal employer deducts a sum from an employee's wages for contributions, what is that sum considered to be?

Entrusted to them by the employee for the purpose of paying the contribution in respect of which it was deducted. Signup and view all the answers

Who bears the responsibility for the expenses of sending the contributions remitted to the Corporation, after an employee's dues have been deducted?

The principal employer. Signup and view all the answers

If a principal employer pays contributions for an employee employed through an immediate employer, what can be recovered from the immediate employer?

Both the employer's and the employee's contributions. Signup and view all the answers

According to the provided text, how can the principal employer recover funds paid for an employee of an immediate employer?

Either by deduction from amounts payable under contract or as a debt from the immediate employer. Signup and view all the answers

What does the immediate employer need to maintain and submit to the principal employer according to the text provided?

A register of all employees they hired or were hired through them. Signup and view all the answers

How can an immediate employer recover an employee's contribution from an employee that works through them?

By deducting it from wages, subject to conditions similar to those for a principal employer. Signup and view all the answers

Which of the following is NOT considered part of the definition of a 'factory' under this provision?

A mine subject to the Mines Act, 1952. Signup and view all the answers

Who is considered an 'immediate employer'?

A person who undertakes work on the factory premises under the principal employer's supervision. Signup and view all the answers

What defines 'insurable employment' according to the provided text?

Employment in a factory or establishment to which this Act applies. Signup and view all the answers

An 'insured person' is best defined as:

An employee for whom contributions are or were payable under this Act, who is entitled to its benefits. Signup and view all the answers

Which statement is true regarding a 'managing agent'?

They act as a representative of another person carrying out business matters. Signup and view all the answers

The meaning of 'manufacturing process' is to be determined using which act?

The Factories Act, 1948 Signup and view all the answers

'miscarriage' is defined as:

Expulsion of the contents of a pregnant uterus prior to or during the 26th week of pregnancy, not punishable under the Indian Penal Code. Signup and view all the answers

What is the meaning of 'occupier' of a factory?

The person who is legally liable for the operation of the factory as specified in the Factories Act, 1948. Signup and view all the answers

What is 'permanent partial disablement' characterized by?

A permanent reduction in earning capacity of an employee in every employment he was capable of before the accident. Signup and view all the answers

Which of these best reflects the definition of a 'principal employer' in a factory?

The owner or occupier of the factory, their managing agent, legal representative, or the named manager under the Factories Act, 1948. Signup and view all the answers

A 'seasonal factory' is primarily defined by its:

Engagement in specifically named manufacturing processes within a limited period of time. Signup and view all the answers

What constitutes 'sickness' under this act?

A condition requiring medical treatment that necessitates absence from work on medical grounds. Signup and view all the answers

'temporary disablement' means:

A condition resulting from an employment injury which temporarily prevents an employee from doing their original job. Signup and view all the answers

What is included in the meaning of 'wages' according to the text?

Remuneration paid in cash, and payments in respect of authorised leave, lock-out, or strike, but excluding employer contributions to pension or provident funds. Signup and view all the answers

What is NOT included in the definition of 'wages'?

Any contribution paid by the employer to a pension fund. Signup and view all the answers

What must the authorised officer do if a certificate for recovery has been issued and the demanded amount is reduced due to an appeal?

Stay the recovery of the reduced amount until further proceedings are resolved. Signup and view all the answers

How does the authorised officer handle a modified order that affects an outstanding demand after a recovery certificate has been issued?

They should stay recovery related to the modification until the appeal is resolved. Signup and view all the answers

What action is necessary once the order concerning an appealed amount becomes final and conclusive?

The officer must amend or withdraw the recovery certificate if necessary. Signup and view all the answers

Who may require a person to deduct arrears from amounts due to a factory or establishment?

The Director General or any officer authorized by the Corporation. Signup and view all the answers

What is not applicable regarding the deductions from the amounts due under the recovery provisions?

Amounts that are exempt from attachment in execution of a decree. Signup and view all the answers

What happens if a recovery certificate is issued and an appeal leads to a decrease in the amount owed?

The recovery certificate must be amended to reflect the reduced amount. Signup and view all the answers

When a recovery certificate has been issued, what is the primary obligation of the authorised officer regarding payment information?

Keep the Recovery Officer informed of any payments or extensions granted. Signup and view all the answers

Under what condition can an authorized officer withdraw a recovery certificate?

After the conclusion of any appeal where the related order has become final. Signup and view all the answers

What happens if a person objects to a notice by stating on oath that the sum demanded is not due?

They are liable only if the statement is false. Signup and view all the answers

Who has the authority to amend or revoke a notice issued under this sub-section?

The Director General or authorized officer. Signup and view all the answers

What is the consequence for a person who pays an amount in compliance with a notice?

They are fully discharged from liability to the principal employer. Signup and view all the answers

What happens if an individual fails to make payment after receiving a notice?

They are deemed a principal or immediate employer in default. Signup and view all the answers

In case of false statements on oath about liabilities, which is true?

They are liable to the extent of their own liability. Signup and view all the answers

What type of notice is stated to have the same effect as an attachment of debt?

A notice sent under this sub-section. Signup and view all the answers

What determines the extent of liability for a person who discharges their liabilities after a notice?

The amount they paid in compliance. Signup and view all the answers

What may occur as a consequence of the director's action regarding a notice?

Extensions granted for compliance. Signup and view all the answers

Under what condition is an accident deemed to arise out of and in the course of employment when travelling in employer's transport?

The accident would have been considered so had there been an obligation to use the vehicle. Signup and view all the answers

What does the term 'vehicle' encompass as per the provided content?

Vessels and aircraft as well as land vehicles Signup and view all the answers

An accident at the workplace is considered an employment-related injury if it occurs during what type of situation?

Actions taken in response to a supposed emergency Signup and view all the answers

What is the criteria for dependants' benefits to be paid following an insured person’s death due to an employment injury?

Dependants must specified in prescribed conditions. Signup and view all the answers

What occurs if an insured person dies without any specified dependants as defined?

Benefits will be paid to other dependants of the deceased. Signup and view all the answers

In relation to employer's transport, what is a criterion for the vehicle's operation?

It must be provided in arrangements made with the employer. Signup and view all the answers

What is a key factor when determining if an accident occurred during the course of employment in emergency situations?

The person must be actively engaged in employer-related duties. Signup and view all the answers

What type of accident does not qualify as arising out of and in the course of employment when using a company vehicle?

Accidents involving driving a company vehicle for personal errands. Signup and view all the answers

Study Notes

Employees' State Insurance Act, 1948

An Act to provide benefits to employees in cases of sickness, maternity, and employment injury.
Applies to all factories (except seasonal factories) and establishments belonging to or under the control of the government, whose employees are already receiving similar benefits.
The Act extends to the whole of India.
The commencement date and application of different provisions might vary for different states and districts.

Chapter I: Preliminary

Short Title, Extent, Commencement, and Application:
- The Act is called the Employees' State Insurance Act, 1948.
- It applies to the whole of India.
- The Central government can appoint different dates for different provisions or parts of the Act for different states.
- Provisions may be extended to other establishments after 6 months notice.
Definitions:
- Appropriate Government: Central Government for establishments under its control (railways, major ports, mines, oilfields), State Government for other establishments.
- Confinement: Labor resulting in the birth of a live or dead child—including after 26 weeks of pregnancy.
- Contribution: Sum payable by the principal employer and the employee.
- Corporation: Employees' State Insurance Corporation.
- Dependant: Relatives of deceased insured person (widow, minor children, etc.).
- Employment Injury: Personal injury caused by accident or occupational disease during employment, whether within or outside India.
- Employee: Any person employed for wages within a factory, or establishment, directly or through an immediate employer, including those employed in administration or purchase, and apprentices. -Factory: Premises with 10 or more employees on any day over the preceding 12 months, and including manufacturing with or without power.
- Insurable employment: Employment within a factory or establishment to which the Act applies.
- Insured person: A person who has been and/or is currently an employee covered by the Act, and thus is eligible for benefits.
- Immediate Employer: A person who undertakes work within a factory, for the principal employer, and includes contractors.
- Managing Agent: A person appointed as a representative of another person in managing a trade or business, excluding subordinate individual manager.
- Miscarriage: Expulsion of contents of a pregnant uterus before or during the 26th week of pregnancy, but does not include those under the Indian Penal Code.
- Occuper: Meaning from Factories Act, 1948
- Permanent Partial Disablement: Permanent impairment in earning capacity.
- Permanent Total Disablement: Permanent incapacity for any work.
- Power: Meaning from Factories Act, 1948
- Principal Employer: Owner/Occupier or responsible person of a factory or establishment. Includes managing agents and legal representatives
- Regulation: Rules from the Corporation.
- Schedule: Appendix to the Act.
- Sickness: Condition requiring medical treatment and attendance, necessitating work abstention.
- Wage period: The specific period for which wages are payable.
- Wages: All cash remuneration, including authorized leave, strikes, lock-outs, and lay-offs.

Other Chapters

Various chapters cover details on the establishment of the Employees' State Insurance Corporation, Standing Committee, Medical Benefit Council, contributions, benefits, liabilities, and other specifics about the act. Specific sections contain detailed information about the methods of payment, penalties, and the dispute resolution mechanisms.

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Description

Test your knowledge on the governance of the Corporation, including the provisions for re-nomination, authentication of decisions, and the appointment process for the Standing Committee. This quiz covers key aspects regarding membership and terms of office.