Section 57(3) in The Employees' State Insurance (Central) Rules, 1950
(3)[ The daily rate of disablement shall be ninety per cent of the standard benefit rate in the contribution period corresponding to the benefit period in which the employment injury occurs, rounded to the next higher rupee:Provided that where an employment injury occurs before commencement of the first benefit period in respect of a person, the daily rate of disablement benefit shall be -(i)where a person sustains employment injury after the expiry of the first wage period in the contribution period in which the injury occurs, ninety per cent of his average daily wages in that wage period, rounded to the next higher rupee;(ii)where a person sustains employment injury before the expiry of the first wage period in the contribution period in which the injury occurs, ninety per cent of his wages actually earned or which would have been earned, had he worked for a full day on the date of accident, rounded to the next higher rupee.Explanation - The disablement benefit calculated as aforesaid shall be called the full rate.]
