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Labour Laws




                    Notes          Any contribution due under the Act and not paid can be recovered through the District Collector
                                   under Section 45B of the Act as arrears of land revenue. The employer can raise any dispute for
                                   adjudication in the Employees’ Insurance Court of the area, set up under Section 74 of the Act.
                                   Under Regulation 31A, the employer is liable to pay interest at the rate of 6 per cent per annum
                                   for each day of default or delay in the payment of his contribution. In addition, under Section
                                   85-B of the Act, the Corporation is empowered to recover damages from the employer who fails
                                   to pay the contribution or delays payment. The amount of damages, however, cannot exceed the
                                   amount of contribution. The damages can also be recovered as arrears of land revenue.

                                   Self Assessment

                                   State whether the following statements are true or false:
                                   19.   The Act does not provide for penalties and damages for various offences.

                                   20.   The employer can raise any dispute for adjudication in the Employees’ Insurance Court of
                                       the area, set up under Section 76 of the Act.
                                   21.   Under Regulation 31A, the employer is liable to pay interest at the rate of 6 per cent per
                                       annum for each day of default or delay in the payment of his contribution.

                                       

                                     Case Study  The Role of ESIC in Universal Health Care

                                             edical  care is  widely regarded as  the foremost  concern  of a social  security
                                             system since health is important to all age groups and all categories of people.
                                     MAll  comprehensive  social  security programmes  therefore make  provision  for
                                     medical care. It is one of the benefits to be provided on a universal basis under the Social
                                     Protection Floor programme envisaged by the ILO.
                                     Improvement in the health status of the population by providing access to health care
                                     and facilitating utilisation of health, family welfare, and nutrition services with special
                                     focus on the underserved has been the main thrust of social development programs in
                                     the country. The responsibility of building infrastructure and manpower rests with the
                                     State governments, supported by funds from the Central Government. Major disease
                                     control programmes and family welfare programmes are funded by  the  Centre  (some
                                     with assistance from external agencies) and are implemented through the infrastructure
                                     provided by the States.

                                     There are a variety of arrangements available for providing healthcare to people in India.
                                     They consist, from the point of view of financing, of social assistance programmes, social
                                     insurance schemes including the Employees State Insurance Scheme (ESIS) and Rashtriya
                                     Swasthya Bima Yojana, health insurance schemes introduced by State governments, and
                                     health insurance schemes  run by insurance companies  in the public as well as private
                                     sector.  As  far as  the actual provision  of  healthcare services  is  concerned,  there are
                                     hospitals and dispensaries being run by Central and State Governments, including the
                                     Central Government Health Service Scheme, the Railways Health Service Scheme, Defence
                                     Services Health Service Scheme, the Employees State Insurance Corporation (ESIC), as well
                                     as hospitals and dispensaries being run by private and voluntary agencies.
                                     Yet coverage of all these arrangements is limited and there is a wide gap between demand
                                     and supply for these services. In order to bridge this gap, the Approach to the Twelfth
                                     Plan approved  by the Government envisages  the introduction of  a Universal  Health
                                     Care Scheme. The Planning Commission High level Expert Group on Universal Health
                                                                                                         Contd...



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