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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?
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?
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?
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?
Besides the Chairman, how many members of the Corporation are appointed by the Central Government to the Standing Committee?
How many members representing employers are elected by the Corporation to the Standing Committee?
How many members representing employers are elected by the Corporation to the Standing Committee?
What is the standard term of office for an elected member of the Standing Committee (excluding those appointed by the Central Government)?
What is the standard term of office for an elected member of the Standing Committee (excluding those appointed by the Central Government)?
What happens to a member of the Standing Committee when they cease to be a member of the Corporation?
What happens to a member of the Standing Committee when they cease to be a member of the Corporation?
During whose pleasure does a Standing Committee member appointed by the Central Government hold their office?
During whose pleasure does a Standing Committee member appointed by the Central Government hold their office?
According to the provided text, how can a principal employer recover an employee's contribution when the employee is directly employed by them?
According to the provided text, how can a principal employer recover an employee's contribution when the employee is directly employed by them?
What is the primary limitation on deductions made from an employee's wages for the employee's contribution by a principal employer?
What is the primary limitation on deductions made from an employee's wages for the employee's contribution by a principal employer?
If a principal employer deducts a sum from an employee's wages for contributions, what is that sum considered to be?
If a principal employer deducts a sum from an employee's wages for contributions, what is that sum considered to be?
Who bears the responsibility for the expenses of sending the contributions remitted to the Corporation, after an employee's dues have been deducted?
Who bears the responsibility for the expenses of sending the contributions remitted to the Corporation, after an employee's dues have been deducted?
If a principal employer pays contributions for an employee employed through an immediate employer, what can be recovered from the immediate employer?
If a principal employer pays contributions for an employee employed through an immediate employer, what can be recovered from the immediate employer?
According to the provided text, how can the principal employer recover funds paid for an employee of an immediate employer?
According to the provided text, how can the principal employer recover funds paid for an employee of an immediate employer?
What does the immediate employer need to maintain and submit to the principal employer according to the text provided?
What does the immediate employer need to maintain and submit to the principal employer according to the text provided?
How can an immediate employer recover an employee's contribution from an employee that works through them?
How can an immediate employer recover an employee's contribution from an employee that works through them?
Which of the following is NOT considered part of the definition of a 'factory' under this provision?
Which of the following is NOT considered part of the definition of a 'factory' under this provision?
Who is considered an 'immediate employer'?
Who is considered an 'immediate employer'?
What defines 'insurable employment' according to the provided text?
What defines 'insurable employment' according to the provided text?
An 'insured person' is best defined as:
An 'insured person' is best defined as:
Which statement is true regarding a 'managing agent'?
Which statement is true regarding a 'managing agent'?
The meaning of 'manufacturing process' is to be determined using which act?
The meaning of 'manufacturing process' is to be determined using which act?
'miscarriage' is defined as:
'miscarriage' is defined as:
What is the meaning of 'occupier' of a factory?
What is the meaning of 'occupier' of a factory?
What is 'permanent partial disablement' characterized by?
What is 'permanent partial disablement' characterized by?
Which of these best reflects the definition of a 'principal employer' in a factory?
Which of these best reflects the definition of a 'principal employer' in a factory?
A 'seasonal factory' is primarily defined by its:
A 'seasonal factory' is primarily defined by its:
What constitutes 'sickness' under this act?
What constitutes 'sickness' under this act?
'temporary disablement' means:
'temporary disablement' means:
What is included in the meaning of 'wages' according to the text?
What is included in the meaning of 'wages' according to the text?
What is NOT included in the definition of 'wages'?
What is NOT included in the definition of 'wages'?
What must the authorised officer do if a certificate for recovery has been issued and the demanded amount is reduced due to an appeal?
What must the authorised officer do if a certificate for recovery has been issued and the demanded amount is reduced due to an appeal?
How does the authorised officer handle a modified order that affects an outstanding demand after a recovery certificate has been issued?
How does the authorised officer handle a modified order that affects an outstanding demand after a recovery certificate has been issued?
What action is necessary once the order concerning an appealed amount becomes final and conclusive?
What action is necessary once the order concerning an appealed amount becomes final and conclusive?
Who may require a person to deduct arrears from amounts due to a factory or establishment?
Who may require a person to deduct arrears from amounts due to a factory or establishment?
What is not applicable regarding the deductions from the amounts due under the recovery provisions?
What is not applicable regarding the deductions from the amounts due under the recovery provisions?
What happens if a recovery certificate is issued and an appeal leads to a decrease in the amount owed?
What happens if a recovery certificate is issued and an appeal leads to a decrease in the amount owed?
When a recovery certificate has been issued, what is the primary obligation of the authorised officer regarding payment information?
When a recovery certificate has been issued, what is the primary obligation of the authorised officer regarding payment information?
Under what condition can an authorized officer withdraw a recovery certificate?
Under what condition can an authorized officer withdraw a recovery certificate?
What happens if a person objects to a notice by stating on oath that the sum demanded is not due?
What happens if a person objects to a notice by stating on oath that the sum demanded is not due?
Who has the authority to amend or revoke a notice issued under this sub-section?
Who has the authority to amend or revoke a notice issued under this sub-section?
What is the consequence for a person who pays an amount in compliance with a notice?
What is the consequence for a person who pays an amount in compliance with a notice?
What happens if an individual fails to make payment after receiving a notice?
What happens if an individual fails to make payment after receiving a notice?
In case of false statements on oath about liabilities, which is true?
In case of false statements on oath about liabilities, which is true?
What type of notice is stated to have the same effect as an attachment of debt?
What type of notice is stated to have the same effect as an attachment of debt?
What determines the extent of liability for a person who discharges their liabilities after a notice?
What determines the extent of liability for a person who discharges their liabilities after a notice?
What may occur as a consequence of the director's action regarding a notice?
What may occur as a consequence of the director's action regarding a notice?
Under what condition is an accident deemed to arise out of and in the course of employment when travelling in employer's transport?
Under what condition is an accident deemed to arise out of and in the course of employment when travelling in employer's transport?
What does the term 'vehicle' encompass as per the provided content?
What does the term 'vehicle' encompass as per the provided content?
An accident at the workplace is considered an employment-related injury if it occurs during what type of situation?
An accident at the workplace is considered an employment-related injury if it occurs during what type of situation?
What is the criteria for dependants' benefits to be paid following an insured person’s death due to an employment injury?
What is the criteria for dependants' benefits to be paid following an insured person’s death due to an employment injury?
What occurs if an insured person dies without any specified dependants as defined?
What occurs if an insured person dies without any specified dependants as defined?
In relation to employer's transport, what is a criterion for the vehicle's operation?
In relation to employer's transport, what is a criterion for the vehicle's operation?
What is a key factor when determining if an accident occurred during the course of employment in emergency situations?
What is a key factor when determining if an accident occurred during the course of employment in emergency situations?
What type of accident does not qualify as arising out of and in the course of employment when using a company vehicle?
What type of accident does not qualify as arising out of and in the course of employment when using a company vehicle?
Flashcards
Re-appointment/Re-election Eligibility
Re-appointment/Re-election Eligibility
A member of the Corporation, Standing Committee, or Medical Benefit Council can be re-appointed or re-elected for another term.
Authentication of Corporation Orders
Authentication of Corporation Orders
The Director General of the Corporation authenticates all orders and decisions made by the Corporation.
Composition of the Standing Committee
Composition of the Standing Committee
The Standing Committee of the Corporation is composed of members chosen from various categories: a Chairman appointed by the Central Government, three Corporation members appointed by the Central Government, three members representing State Governments, and eight members elected by the Corporation itself.
Elected Members of the Standing Committee
Elected Members of the Standing Committee
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Parliamentary Standing Committee Member
Parliamentary Standing Committee Member
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Term of Office for Standing Committee Members
Term of Office for Standing Committee Members
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Continuation of Standing Committee Members
Continuation of Standing Committee Members
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Term of Office for Certain Standing Committee Members
Term of Office for Certain Standing Committee Members
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Immediate Employer
Immediate Employer
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Insurable Employment
Insurable Employment
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Insured Person
Insured Person
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Managing Agent
Managing Agent
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Mis-carriage
Mis-carriage
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Occupier of the Factory
Occupier of the Factory
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Permanent Partial Disablement
Permanent Partial Disablement
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Permanent Total Disablement
Permanent Total Disablement
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Power (in factories)
Power (in factories)
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Seasonal Factory
Seasonal Factory
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Sickness
Sickness
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Temporary Disablement
Temporary Disablement
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Wages
Wages
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Principal Employer Contribution Responsibility
Principal Employer Contribution Responsibility
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Recovery of Contributions from Immediate Employer
Recovery of Contributions from Immediate Employer
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Employee Contribution Deduction
Employee Contribution Deduction
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Employer Contribution Deduction
Employer Contribution Deduction
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Deducted Wages as Trust
Deducted Wages as Trust
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Remitting Contributions Costs
Remitting Contributions Costs
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Immediate Employer Register Requirement
Immediate Employer Register Requirement
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False Statement Liability
False Statement Liability
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Notice Modification
Notice Modification
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Payment Discharge
Payment Discharge
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Post-Notice Payment Liability
Post-Notice Payment Liability
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Defaulting on Payment
Defaulting on Payment
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Notice as Attachment
Notice as Attachment
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Notice Issuance
Notice Issuance
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Content of the Notice
Content of the Notice
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Information requirement for Recovery Officer
Information requirement for Recovery Officer
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Recovery suspension during appeal
Recovery suspension during appeal
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Certificate amendment or withdrawal
Certificate amendment or withdrawal
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Alternative recovery methods
Alternative recovery methods
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Deduction of arrears
Deduction of arrears
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Exemption from deduction
Exemption from deduction
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Deduction from debt
Deduction from debt
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Deduction limitations
Deduction limitations
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Travel in Employer's Transport
Travel in Employer's Transport
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Vehicle Operation Requirement
Vehicle Operation Requirement
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Emergency at Workplace
Emergency at Workplace
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Dependants' Benefit
Dependants' Benefit
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Dependants' Benefit (Alternative)
Dependants' Benefit (Alternative)
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Dependants' Benefit Conditions
Dependants' Benefit Conditions
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Definition of 'Vehicle'
Definition of 'Vehicle'
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Workplace Accident During Emergency
Workplace Accident During Emergency
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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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