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samkamales
Dear all!!!!! Find the attachments for ESI in detail
From India, Tirunelveli
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File Type: pdf esic-53.pdf (15.1 KB, 194 views)
File Type: pdf esic_form0a1.pdf (35.8 KB, 103 views)
File Type: pdf esic_form02.pdf (20.2 KB, 94 views)
File Type: pdf esic_form06.pdf (31.1 KB, 100 views)
File Type: pdf esic_form09.pdf (21.2 KB, 104 views)

samkamales
Dear all!!!!!
Find the attachments for ESI in detail
ESI Act
The promulgation of Employees’ State Insurance Act, 1948 envisaged an integrated need based social insurance scheme that would protect the interest of workers in contingencies such as sickness, maternity, temporary or permanent physical disablement, death due to employment injury resulting in loss of wages or earning capacity. the Act also guarantees reasonably good medical care to workers and their immediate dependants.
Following the promulgation of the ESI Act the Central Govt. set up the ESI Corporation to administer the Scheme. The Scheme, thereafter was first implemented at Kanpur and Delhi on 24th February 1952. The Act further absolved the employers of their obligations under the Maternity Benefit Act, 1961 and Workmen’s Compensation Act 1923. The benefit provided to the employees under the Act are also in conformity with ILO conventions.
COVERAGE UNDER THE ESI ACT, 1948
Under Section 2(12) The Act is applicable to the factories employing 10 or more persons irrespective of whether power is used in the process of manufacturing or not.
Under Section 1(5) of the Act, the Scheme has been extended to shops, hotels, restaurants, cinemas including preview theatre, road motor transport undertakings and newspaper establishment employing 20 or more persons.
Further, u/s 1(5) of the Act, the Scheme has been extended to Private Medical and Educational Institutions employing 20 or more persons in certain States .
The State Govt. has been requested to issue notification under Section 1(5) on the lines of Section 2(12) keeping the threshold limit for coverage as 10 employees instead of 20.
The existing wage-limit for coverage under the Act, is Rs.15,000/- per month (with effect from 01.05.2010).
AREAS COVERED

The ESI Scheme is being implemented area-wise by stages. The Scheme has already been implemented in different areas in the following States/Union Territories

STATES
All the States except Nagaland, Manipur, Tripura, Sikkim, Arunachal Pradesh and Mizoram.

UNION TERRITORIES
Delhi, Chandigarh and Pondicherry
COVERAGE :
Coverage(As on 31st March, 2010)
No. of Insured Person family units 14300000
No. of Employees 13896150
Total No. of Beneficiaries 55484000
No. of Insured women 2600250
No. of Employers, etc 406499

Contribution
E.S.I. Scheme being contributory in nature, all the employees in the factories or establishments to which the Act applies shall be insured in a manner provided by the Act. The contribution payable to the Corporation in respect of an employee shall comprise of employer’s contribution and employee’s contribution at a specified rate. The rates are revised from time to time. Currently, the employee’s contribution rate (w.e.f. 1.1.97) is 1.75% of the wages and that of employer’s is 4.75% of the wages paid/payable in respect of the employees in every wage period. Employees in receipt of a daily average wage upto Rs.70/- are exempted from payment of contribution. Employers will however contribute their own share in respect of these employees.

Collection of Contribution
An employer is liable to pay his contribution in respect of every employee and deduct employees contribution from wages bill and shall pay these contributions at the above specified rates to the Corporation within 21 days of the last day of the Calendar month in which the contributions fall due. The Corporation has authorized designated branches of the State Bank of India and some other banks to receive the payments on its behalf.
Contribution Period and Benefit Period
There are two contribution periods each of six months duration and two corresponding benefit periods also of six months duration as under.
Contribution period Corresponding Cash Benefit period
1st April to 30th Sept. 1st January of the following year to 30th June.
1st Oct. to 31st March 1st July to 31st December of the year following
Benefits
The section 46 of the Act envisages following six social security benefits :-
(a) Medical Benefit

TYPE OF MEDICAL BENEFITS PROVIDED
The Employees’ State Insurance Scheme provides full medical care in the form of medical attendance, treatment, drugs and injections, specialist consultation and hospitalization to insured persons and also to members of their families where the facility for Specialist consultation, hospitalization has been extended to the families.
For the families, this benefit has been divided into two categories as under:-
FULL MEDICAL CARE
This consists of hospitalization facilities and includes specialist services, drugs and dressings and diets as required for in-patients.
EXPANDED MEDICAL CARE
This consists of consultation with the specialists and supply of special medicines and drugs as may be prescribed by them in addition to the out-patient care. This also includes facilities for special laboratory tests and X-Ray examinations.
Apart from the curative services provided through hospitals and dispensaries, the Corporation also provides the following facilities including family welfare services.
IMMUNIZATION
The Corporation has embarked upon a massive programme of immunization of young children of insured persons. Under this programme, preventive inoculation and vaccines are given against diseases like diphtheria, pertusis, polio, tetanus, measles, mumps, rubella, tuberculosis etc.
FAMILY WELFARE SERVICES
Along with the immunization programme, the Corporation has been undertaking provision of family Welfare Services to the beneficiaries of the Scheme. The Corporation has organized these services in 180 centres besides reserving 330 beds in hospitals for undertaking tubectomy operations. So far, 828976 sterilization operation viz. 176197 vasectomies and 652779 tubectomies have been performed upto 31.3.1999. The ESI Corporation has also extended additional cash incentive to insured persons to promote acceptance of sterilization method by providing sickness cash benefit equal to full wage for a period of 7 days for vasectomy and 14 days for tubectomy. The period for which cash benefit is admissible is extended beyond the above limits in the event of any complications after Family Planning operations.
SUPPLY OF SPECIAL AIDS
Insured persons and members of their families are provided artificial limbs, hearing aids, and artificial appliances like spinal supports, cervical collars, walking calipers, crutches, wheel chairs and cardiac pace makers as a part of medical care under the Scheme.
Sickness Benefit(SB)
Sickness Benefit represents periodical cash payments made to an IP during the period of certified sickness occurring in a benefit period when IP requires medical treatment and attendance with abstention from work on medical grounds. Prescribed certificates are; Forms 8,9,10,11 & ESIC-Med.13. Sickness benefit is roughly 60% of the average daily wages and is payable for 91 days during 2 consecutive benefit periods.
Qualifying Conditions
(i)To become eligible to Sickness Benefit, an IP should have paid contribution for not less than 78 days during the corresponding contribution period.
(ii)A person who has entered into insurable employment for the first time has to wait for nearly 9 months before becoming eligible to sickness benefit, because his corresponding benefit period starts only after that interval.
(iii)Sickness Benefit is not payable for the first two days of a spell of sickness except in case of a spell commencing within 15 days of closure of earlier spell for which sickness benefit was last paid. This period of 2 days is called "waiting period". This provision should be clearly understood by IMOs/IMPs as actual experience shows that such of IPs who want to avail medical leave on flimsy grounds generally come for First Certificate/First & Final Certificate within 15 days of earlier spell, usually on unpaid holidays and/or on each weekly off etc, to avoid loss of benefit for 2 days due to fresh waiting period.
1. Extended sickness Benefit(ESB)
5.4 Extended Sickness Benefit (ESB)
IPs suffering from long term diseases were experiencing great hardship on expiry of 91 days Sickness benefit. Often they, though not fit for duty, pressed for a Final certificate. Hence, a provision for paying Sickness Benefit for an extended period (Extended Sickness Benefit)of upto 2 years in a ESB period of 3 years.
1. An IP suffering from certain long term diseases is entitled to ESB, only after exhausting Sickness Benefit to which he may be eligible. A common list of these long term diseases for which ESB is payable, is reviewed by the Corporation from time to time. The list was last reviewed on 5.12.99 and revised provisions of ESB became effective from 1.1.2000 and at present this list includes 34 diseases which are grouped in 11 groups as per International Classification of diseases and theo names of many existing diseases have been changed as under :-
2. Enhanced Sickness Benefit
It was introduced w.e.f 1.8.1976 as an incentive to IPs/IWs for undergoing Vasectomy /Tubectomy. Insured Persons eligible to ordinary sickness benefit are paid enhanced sickness benefit at double the rate of sickness benefit i.e., about full average daily wage for undergoing sterilisation operations for family welfare. Duration of enhanced Sickness Benefits is upto 7 days in the case of Vasectomy and upto 14 days in the case of the Tubectomy from the date of operation or from the date of admission in the hospital as the case may be. The period is extendable in case of post operative complications.
(b) Maternity Benefit(MB)
(c) Maternity Benefit is payable to an Insured Woman in the following cases subject to contributory conditions:-
(d) Confinement-payable for a period of 12 weeks (84 days) on production of Form 21 and 23.
(e) Miscarriage or Medical Termination of Pregnancy (MTP)-payable for 6 weeks (42 days) from the date following miscarriage-on the basis of Form 20 and 23.
(f) Sickness arising out of Pregnancy, Confinement, Premature birth-payable for a period not exceeding one month-on the basis of Forms 8, 10 and 9.
(g) In the event of the death of the Insured Woman during confinement leaving behind a child, Maternity Benefit is payable to her nominee on production of Form 24 (B).
(h) Maternity benefit rate is double the Standard Benefit Rate, or roughly equal to the average daily wage.
(d) Disablement Benefit
The dependants’ benefit is payable to the dependants as per Section 52 of the Act read with provision of 6(A) of Section 2 in cases where an IP dies as result of EI. The age of dependants, has to be determined either by production of
Documentary evidence as specified in Regulation 80(2) or
Age certified by Medical Officer In charge of Government Hospital or Dispensary.
The minimum rate of DB w.e.f 1.1.90 is Rs.14/- per day and these rates of the DB are increased from time to time. The latest enhancement is with effect from 01.08.2002
1. Temporary disablement benefit(TDB)
TDB is payable to an employee who suffers employment injury (EI) or Occupational Disease and is certified to be temporarily incapable to work. "Employment Injury" has been defined under Section 2(8) of the Act, as a personal injury to an employee caused by accident or occupational disease arising out of and in the course of his employment, being in insurable employment, whether the accident occurs or the occupational disease is contracted within or outside the territorial limits of India.
b. Certificates Required for TDB:
Accident Report in form 16, Form 8,9,10, 11 and ESIC Med.13.
c. Eligibility for TDB :
The benefit is not subject to any contributory conditions. An IP is eligible from the day he joins the insurable employment.
(d) TDB Rate is 40% over and above the normal sickness benefit rate. This works out to nearly 85% of the average daily wages.
d. Duration of TDB :
There is no prescribed limit for the duration of TDB. This is payable as long as temporary disablement lasts and significant improvement by treatment is possible. If a Temporary Disablement spell lasts for less than 3 days (excluding day of accident), IP will be paid sickness benefit, if otherwise eligible. A special point for IMOs/IMPs is that some IPs may resist taking a Final Certificate especially before 3 days for fear of loss of TDB.
1. Permanent disablement benefit(PDB)
2. (a) PDB is payable to an IP who suffers permanent residual disablement as a result of EI (including Occupational Diseases) and results in loss of earning capacity. The proper authority for assessing loss of earning capacity for injuries is the Medical Board and for Occupational Diseases, Special Medical Board.
3. (b) The duration of PDB may be for the period given by Medical Board, if assessment is provisional or for entire life if assessment is final.
4. (c) PDB Rate: The PDB rate is calculated as percentage of loss of earning capacity as assessed by the Medical Board/MAT/EI Court in relation to TDB. List of injuries deemed to result in permanent total disablement and percentage loss of earning capacity has been previewed in 2nd Schedule to ESIC Act, 1948. Hence, the maximum rate of PDB can be equal to the rate of TDB.
5. PDB amount is revised by the ESIC from time to time to adjust for inflation. The latest enhancement is with effect from 01.08.2002
6. (d) Commutation of PDB (Regulation 76-B): IP whose PDB has been assessed as final and who has been awarded the same at the rate not exceeding Rs.1.50 per day may apply for commutation of periodical payments of PDB into a lump-sum. When an application for commutation is made within 6 months of the date of communication of Medical Board decision periodical payments shall be commuted into a lump sum provided the total commuted value does not exceed Rs.10,000 at the time of commencement of final award. However, where such an application is made after expiry of 6 months, LO/RO will refer the case to MR/PTMR to certify whether the IP has an average expectation of life for his age. Such a certificate is issued by Medical Referee in the relevant place on RO/LO letter.
7. (e) Age of an IP will have to be proved to the satisfaction of the Corporation in all cases. Medical Boards assess the age of IPs who are not able to produce satisfactory proof of age and opinion of Medical Board shall be final in this regard.
(e) Dependants’ Benefit(DB)
(f) Funeral Expenses
An amount of Rs. 5000/- is payable to the dependents or to the person who performs last rites.
(g) Rajiv Gandhi Shramik Kalyan Yojana - This scheme of Unemployment allowance was introduced w.e.f. 01-04-2005. An Insured Person who become unemployed after being insured three or more years, due to closure of factory/establishment, retrenchment or permanent invalidity are entitled to :-
• Unemployment Allowance equal to 50% of wage for a maximum period of upto one year.
• Medical care for self and family from ESI Hospitals/Dispensaries during the period IP receives unemployment allowance.
• Vocational Training provided for upgrading skills - Expenditure on fee/travelling allowance borne by ESIC.
An interesting feature of the ESI Scheme is that the contributions are related to the paying capacity as a fixed percentage of the workers wages, whereas, they are provided social security benefits according to individual needs without distinction.
Cash Benefits are disbursed by the Corporation through its Local Offices LOs/ Mini Local Offices (MLOs)/Sub Local Offices SLOs)/pay offices, subject to certain contributory conditions.
In addition, the scheme also provides some other need based benefits to insured workers.
These includes :
i. Rehabilitation allowance
ii. Vocational Rehabilitation

From India, Tirunelveli
dineshmuskan
127

Dear Friends, Is it usefull or not? Send Some comments on it. With Thanks, your friend.
From India, Delhi
Attached Files (Download Requires Membership)
File Type: xls Book2.xls (1.24 MB, 178 views)

Indurao
Hi Ankita,

Find the details below for applying ESI code and the documents maintained after obtaining the ESI code for your company.

Hope this helps u.

ESI – Procedure to introduce ESI in a Unit or Company

First U have to decide whether Ur unit is in the implemented area or not;

* If Ur Unit is in implemented area, immediately u apply for ESI by submitting the Form-01 form (which can be downloaded from the cite ESIC - Headquarters' Office) along with necessary documentary evidences, wherever it is needed, to the Regional Office concerned;

* Then u will be alloted 17 digit ESI Code No. to ur unit, which is permanent no. to ur unit;

Once ur unit got the ESI Code No., next duty is to register ur employees:

* U have to submit the Declaration Forms in respect of all ur employees who are drawing 15000= or less than 15000=, whether they are temporary/casual/permanet/daily etc., to the concerned Branch Office;

* Branch Office will allot the Insurance Nos. to all the employees and provide a temporary card, which will be valid for 3 months from the date of their appointment, in case if they cross 3 months, u can request for providing permanent card;

*Every month from the data of attandance and wages registers, u have to maintain a Register of employees under the ESI Act, i.e. Form-6, based on it, u have to pay the ESI Contribution Everymonth before 21st of the following month;

*Every 6 months u have to submit Half yearly returns, Form-5 to the concerned Branch Office;

*Every Year u have to submit annual returns on or before 31st of January in Form-01(A) form;

Under ESI Act... U have to maintain the following records:

i. Attendance Register;

ii. Wages Register;

iii. Form-6 Register;

iv. Accident Register;

v. Inspection Book & vi. File containing all ur monthly challans & returns submitted..

apart from the above register.. u are bound to produce the following records on demand to the Insurance Inspector during his inspection:

* All books of accounts, such as P&L Account, Balance Sheet and its annexures; Cash Book/Bank Book and all concerned Bills & Vourchers and etc.,

* Further if u are having any of the immediate employers, such as contractors, security personnels, u have to confirm about their compliance under ESI before settling of their monthly bill... as being Principle employer u will held responsible for their default.

Also go through ESI and PF topics discussed on this site. Many HR Professionals have provided good amount of information about PF and ESI. you just have to spend some time and go through the topics and replies on this site, and also do some home work on your own. These information would help u succeed your challenging job.

Regards,

Indhu

From India, Bangalore
rajesh.sharma1994
Dear All,
Applicability of P.F. /E.S.I. is necessary where there 10 Employees where production /operation process is carried out with or without power, & 20 employees for service industry for registration with concern department. and the Procedure for registration please visit EPFO, & ESIC - Headquarters' Office.
regard
rajesh

From India, Delhi
MANISH P
Dear All,
We have employees on contract basis (agreement with us only, no sub-contract), who works on hourly basis, around 50 contract employees works around 3-5 hours per day.
1. Is ESI and PF applicable to him?
2. Apart from these, do any other compliance are applicable for them?
--
Regards,
Manish P

From India, Cochin
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