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Unit 5: The Employees’ State Insurance Act, 1948: Adjudication, Benefits, and Penalties under the Act

 The insured persons, their dependants are entitled to various benefits on prescribed scale. Notes
Right to receive benefits is not transferable or assignable. When a person receives benefits
under this Act, he is not entitled to receive benefits under any other enactment.

 The Act empowers State Government to constitute an Employees’ Insurance Court. The
Employees’ Insurance Court has jurisdiction to adjudicate disputes, namely, whether any
person is an employee under the Act, rate of wages/contribution, as to who is or was the
principal employer, right of a person to any benefit under the Act.

 The EI Court also has jurisdiction to decide claims for recovery of contribution from
principal employer or immediate employer, action for failure or negligence to pay
contribution, claim for recovery of any benefit admissible under the Act.

5.6 Keywords

Act: "Act " means the Employees' State Insurance Act, 1948 (XXXIV of 1948).
Appointed Day: "Appointed Day " means with reference to any area, factory or establishment,
the day from which the whole of Chapters IV and V of the Act apply to such area, factory or
establishment, as the case may be.
Appropriate Office: " Appropriate Office ", " appropriate Branch Office " or " appropriate Regional
Office ", shall mean with reference to any action taken under these regulations, such office of the
Corporation as may be specified for that purpose under a general or special order of the
Corporation.
Branch Manager: "Branch Manager" means a person appointed by the Corporation as such or the
officer-in-charge of a Branch Office.

Branch Office: " Branch Office " and " Regional Office " shall mean, according to the context, such
subordinate office of the Corporation, set up at such place and with such jurisdiction and functions
as the Corporation may, from time to time, determine.
Central Rules: "Central Rules" means the rules made by the Central Government under section
95 of the Act.
Employer: "Employer" means the principal employer as defined in the Act.

Employer's Code Number: "Employer's Code Number" means the registration number allotted
by the appropriate Regional Office to a factory or establishment for the purposes of the Act, the
Rules and these Regulations.
Factory or Establishment: "Factory or Establishment" means a factory or establishment to which
the Act applies.
Family Identity Card: "Family Identity Card" means a card issued by the appropriate office to an
insured person for identification of his family for the purposes of the Act, the Rules and these
Regulations.
Form: ''Form" means a form appended to these regulations.
Identity Card: "Identity Card" means a permanent identity card issued by the appropriate office
to an insured person for identification for the purposes of the Act, the Rules and these Regulations.

Instructions: "Instructions" means instructions or orders issued by the Corporation or by such
officer or officers of the Corporation as may be authorised by the Corporation in this behalf.
Insurance Medical Officer: " Insurance Medical Officer " means a medical practitioner appointed
as such to provide medical benefit and to perform such other functions as may be assigned to

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