section 45g of esi act, 1948

Section No. employer's liability for any sum due under this Act, whichever is less. (3) Where the order giving rise to a demand of amount for which a certificate for recovery has been issued has been modified in appeal or other proceedings under this Act, and, as a consequence thereof, the demand is reduced but the order is the subject-matter of a further proceeding under this Act, the authorised officer shall stay the recovery of such part of the amount of the certificate as pertains to the said reduction for the period for which the appeal or other proceeding remains pending. Section … employer so discharged or to the extent of the principal or immediate this sub-section is sent objects to it by a statement on oath that the sum (2) An order made by the Corporation under sub-section (1) shall be sufficient proof of the claim of the Corporation under section 75 or for recovery of the amount determined by such order as an arrear of land revenue under section 45B or the recovery under section 45C to section 45-I . (1) Notwithstanding the issue of a certificate to the Recovery Officer under section 45C, the Director General or any other officer authorised by the Corporation may recover the amount by any one or more of the modes provided in this section. April, 1948] An Act to provide for certain benefits to employees in case of sickness, maternity and employment injury and to make provision for certain other matters in relation thereto sub-section shall be personally liable to the Director General or the officer (5)(a) If any contribution payable under this Act is not paid by the principal employer on the date on which such contribution has become due, he shall be liable to pay simple interest at the rate of twelve per cent per annum or at such higher rate as may be specified in the regulations till the date of its actual payment : PROVIDED that higher interest specified in the regulations shall not exceed the lending rate of interest charged by any scheduled bank. CHAPTER II - CORPORATION, STANDING COMMITTEE AND M... CHAPTER I - Short title and extent & Definitions. 195 per day, Rs. by the Corporation may recover the amount by any one or more of the modes 1600/- Act may be called the Employees' State Insurance Act, 1948. WHEREAS it is expedient to consolidate and amend the law regulating labour in factories; It is hereby enacted as follows:— CHAPTER I PRELIMINARY 1. (1) When the authorised officer issues a certificate to a Recovery Officer under section 45C, it shall not be open to the factory or establishment or the principal or immediate employer to dispute before the Recovery Officer the correctness of the amount, and no objection to the certificate on any other ground shall also be entertained by the Recovery Officer. 235 per day, Rs. It is 50% of Rs.8000/-. (1) The Corporation may appoint such persons as 115 [Social Security Officers], as it thinks fit, for the purposes of this Act, within such local limits as it may assign to them. amount sufficient to discharge the amount due. The Employees State Insurance Act, ESI Act for short, was enacted by the Government of India in 1948. Act ID: 194834: Act Number: 34: Enactment Date: 1948-04-19: Act Year: 1948: Short Title: The Employees State Insurance Act, 1948: Long Title: An Act to provide for certain benefits to employees in case of sickness, maternity and employment injury and … (1) Where any amount is in arrears under this Act, the authorised officer may issue, to the Recovery Officer, a certificate under his signature specifying the amount of arrears and the Recovery Officer, on receipt of such certificate, shall proceed to recover the amount specified therein from the factory or establishment or, as the case may be, the principal or immediate employer by one or more of the modes mentioned below--. Any contribution payable under this Act may be recovered as an arrear of land revenue. 3 [***]]. Section – 85: This section deals with penalties for non – compliance with the various provisions of the ESI Act and Regulations made there under. Furthermore, the ESI scheme applies to the following establishments, which employ 10 or more persons. authorized shall grant a receipt for any amount paid in compliance with a Employees’ State Insurance Act, 1948 45G. 155 per day, Rs. (2) In the case referred to in sub-section (1), the immediate employer shall be entitled to recover the employee's contribution from the employee employed by or through him by deduction from wages and not otherwise, subject to the conditions specified in the proviso to sub-section (2) of section 40. 6110 per month. 2 [the whole of India . 1. (c) examine, with respect to any matter relevant to the purposes aforesaid, the principal or immediate employer, his agent or servant, or any person found in such factory, establishment, office or other premises, or any person whom the said Inspector or other official has reasonable cause to believe to be or to have been an employee; (d) make copies of, or take extracts from, any register, account book or other document maintained in such factory, establishment, office or other premises; (e) exercise such other powers as may be prescribed. In other words, the ESI scheme applies to factories that employ 10 or more persons. 10,000 to Rs. Text Search: 142 Record(s) | Page [1 of 15] Section - 1. Section 45G [ View Judgements] OTHER MODES OF RECOVERY (1) Notwithstanding the issue of a certificate to the Recovery Officer under section 45C-, the Director General or any other officer authorised by the Corporation may recover the amount by any one or more of the modes provided in this section. The report became the basis for the Employment State Insurance (ESI) Act of 1948. (2) If any amount is due from any person to any factory or … 34 of Year 1948, dated 19th. As per section 2(12) of the ESI act, all factories where 10 or more persons are employed must be registered under the ESI act. purpose of any entry, endorsement or the like being made before payment is made All penal provisions under the ESIAct generally aim to make employers accountable. In certain cases, even employees can be liable for punishmentunder the Act. EMPLOYEES' STATE INSURANCE ACT, 1948. w w w . It basically provides for payment of benefits to workers in cases of sickness, maternity, injury, etc. The Act contains several important definitions and provisions that regulate these workers. account of the factory or establishment or, as the case may be, the principal 25(E).—In exercise of the powers conferred by Section 5, read with sub-section (1) of Section 7 of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952), the Central Government hereby makes the following Scheme, further to amend the Employees’ Provident Funds Scheme, 1952. namely. i n. Section 45G [ View Judgements] OTHER MODES OF RECOVERY (1) Notwithstanding the issue of a certificate to the Recovery Officer under section 45C-, the Director General or any other officer authorised by the Corporation may recover the … Section – 85: This section deals with penalties for non – compliance with the various provisions of the ESI Act and Regulations made there under. sub-section is sent fails to make payment in pursuance thereof to the Director 10000 TO Rs. General or the officer so authorized, he shall be deemed to be a principal or whichever is less. The PF old balance will stop earning interest. Factory is defined under section 2(12) as "any premises including... ADVERTISING AGENCY IS A SHOP OR NOT? | THE ESIC ACT, 1948 © 2009. the principal or immediate employer under this Act and such person shall comply (1) The contribution payable under this Act in respect of an employee shall comprise contribution payable by the employer (hereinafter referred to as the employer's contribution) and contribution payable by the employee (hereinafter referred to as the employee's contribution) and shall be paid to the Corporation. so authorized to the extent of his own liability to the principal or immediate (1) Where in respect of a factory or establishment no returns, particulars, registers or records are submitted, furnished or maintained in accordance with the provisions of section 44 or any Inspector or other official of the Corporation referred to in sub-section (2) of section 45 is prevented in any manner by the principal or immediate employer or any other person, in exercising his functions or discharging his duties under section 45, the Corporation may, on the basis of information available to it, by order, determine the amount of contributions payable in respect of the employees of that factory or establishment : PROVIDED that no such order shall be passed by the Corporation unless the principal or immediate employer or the person in charge of the factory or establishment has been given a reasonable opportunity of being heard. 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