Union of India - Act
Employees' State Insurance (General) Regulations, 1950
UNION OF INDIA
India
India
Employees' State Insurance (General) Regulations, 1950
Rule EMPLOYEES-STATE-INSURANCE-GENERAL-REGULATIONS-1950 of 1950
- Published on 17 October 1950
- Commenced on 17 October 1950
- [This is the version of this document from 17 October 1950.]
- [Note: The original publication document is not available and this content could not be verified.]
9.
/513Chapter I
1. Short title and extent
.-(1) These regulations may be called the Employees' State Insurance (General) Regulations, 1950.2. Definitions.-
In these regulations, unless the context otherwise requires-3. The manner in which the Corporation may exercise its powers.-
3.
-A. Exercise of powers by an office.-Where a power is to be exercised by the appropriate office or appropriate [Branch office] [ Substituted by Noti. No. N-11/13/2/2003-P&D, dated 1.10.2004, for " Local Office Manager" (w.e.f. 1.1.2005).] or appropriate regional office it shall be exercised by the officer for the time being in charge thereof or by such other officer as may be authorized for the purpose under general or special orders of the Director-General4. [ Contribution and benefit periods - [Substituted by Noti. No. 12/13/1/84-P&D, Col. II, dated 5.1.1985 (w.e.f. 27.1.1985). ]
Contribution periods and the corresponding benefit periods shall be as under:| Contribution Period | Corresponding benefit period |
| 1stApril to 30thSeptember | 1stJanuary of the year following to 30thJune |
| 1stOctober to 31stMarch of the year following | 1stJuly to 31stDecember: |
5.
[***] [ Regn. 5 omitted by Noti. No. 12/13/1/84-P&D, Col. II, dated 5.1.1985 (w.e.f. 27.1.1985).]6. Meetings of the Corporation, the Standing Committee and the Medical Benefit Council -
The meetings of the Corporation, the Standing Committee and the Medical Benefit Council shall be held in accordance with the Central Rules at such time and place as maybe fixed by Chairman. concerned.7. Decision by majority -
Every matter coming up for decision before a meeting of the Corporation, the Standing Committee or the Medical Benefit Council shall be decided by a majority of persons present and voting at the time of the meeting and in case of equality of votes the Chairman of the meeting shall have an additional casting vote.8. Mode of exercising vote -
The votes shall be taken by show of hands and the names of persons voting in favor and against any proposition shall be recorded only if any member present requests the Chairman to do so.9. Matters to be brought before the Corporation -
In addition to the matters which are, under any specific provision of the Act or the Central Rules, required to be placed before the Corporation, the following matters shall be referred to the Corporation for its decision:10. Regional Boards -
10A. Local committees.-
Chapter II
Collection Of Contributions,Etc
10B. Registration of factories or establishments
.-(1) The employer in respect of a factory or an establishment to which the Act applies for the first time and to which an employer's code number is not yet allotted and the employer in respect of a factory or an establishment to which the Act previously applied but has ceased to apply for the time being, shall furnish to the appropriate regional office not later than 15 days after the Act becomes applicable, as the case may be, to the factory or establishment, a declaration or registration in writing in Form 01 (hereinafter referred to as Employer's Registration Form).11. Declaration by persons in employment on appointed day -
The employer in respect of a factory or an establishment shall require every employee in such factory or establishment to furnish and such employee shall on demand furnish to him either before or on the appointed day correct particulars required for the purpose of Form 1 (hereinafter referred to as the Declaration Form). Such employer shall enter the particulars in the Declaration Form including the temporary Identification Certificate, and obtain the signature or the thumb-impression of such employee and also complete the form as indicated thereon.12. Declaration by persons engaged after the appointed day -
13.
[***] [ Regn. 13 omitted by Noti. No. 12/13/1/84-P&D, Col. II, dated 5.1.1985 (w.e.f. 27.1.1985).]14. Declaration form to be sent to appropriate office -
The employer shall send to the appropriate office by registered post or messenger, all declaration forms without detaching the temporary identification certificate prepared under these regulations together with a return in duplicate in Form 3 within 10 days of the date on which the particulars for the declaration forms were furnished15. Allotment of insurance number -
On receipt of the return required under regulation 14, the appropriate office shall promptly allot an insurance number to each a person in respect of whom the Declaration Form has been received unless it finds that the person had already been allotted an insurance number. The temporary identification certificate with insurance numbers marked thereon shall be detached and returned to the employer along with one copy of Form 3. The employer shall deliver the temporary identification certificate to the employee to whom it relates, after obtaining his signature or thumb-impression thereon except in the case of an employee to whom a certificate of employment has been issued under Regulation 17A. The Insurance Number allotted by the regional office to an employee and indicated in the copy of Form 3 returned to the employer, shall be entered by the employer on the [register of employees [Form 6] [Substituted by Noti. No. 12/13/2/99/P&D, dated 13.5.2002 (w.e.f. 29.6.2002) as corrected by Corrigendum No. N-11/13/2/2003-P&D, dated 28.4.2006, published in the Gazette of India, dated 13.5.2006. ] [and return of contribution.] [Substituted by Noti. No. 12/13/2/99/P&D, dated 13.5.2002 (w.e.f. 29.6.2002) as corrected by Corrigendum No. N-11/13/2/2003-P&D, dated 28.4.2006, published in the Gazette of India, dated 13.5.2006. ]15A. Registration of families -
On the issue of notification under regulation 95A, specifying the date from which the family of an insured person shall also be entitled to medical benefit under the Act, every insured person who has not furnished the particulars of his family at the time of his registration under the Act, shall furnish to the employer correct particulars in respect of his family in Form 1A. The employer shall enter the particulars in the form and obtain the signature or the thumb-impression of such person and complete the form as indicated thereon and send it to the appropriate office within 10 days of the date on which the particulars were furnished.15B. Changes in family -
An insured person shall intimate all changes in the membership of the family as defined under the Act, to the employer within 15 days of such change having occurred and the employer shall enter such particulars in [Form 2] [ Substituted by Noti. No. N-11/13/2/2003-P&D, dated 1.10.2004, for " Form 1-B" (w.e.f. 1.1.2005).] and shall forward it to the appropriate office within 10 days of the date on which the particulars were furnished.16. Corporation to receive assistance from employers -
An employer shall render all necessary assistance which the Corporation may require in connection with the registration of his factory or establishment and the registration of his employees and specially for photographing such employees and affixing the photographs to the identity cards.17. Identity cards -
The appropriate office shall arrange to have an identity card prepared in Form 4 for each person in respect of whom an insurance number is allotted and shall include in such card the particulars of the family entitled to medical benefit under regulation 95A and shall send all such identity cards to the employer. Such employer shall if and when the employee has been in his service for [3 months] [ Substituted by Noti. No. 12/13/1/84-P&D, Col. II, dated 5.1.1985 (w.e.f. 27.1.1985).], obtain the signature or thumb-impression of the employee on the identity card and shall after making relevant entries thereon, deliver the identity card to him. The employer shall obtain a receipt from the employee for the identity card. The identity card in respeect of an employee who has left employment before [3 months] [ Substituted by Noti. No. 12/13/1/84-P&D, Col. II, dated 5.1.1985 (w.e.f. 27.1.1985).] shall not be given to him, but shall be returned to the appropriate office a soon as possible. [The identity card shall not be transferable] [ Added by Noti. No. Genl./Amdt./25, dated 6.4.1970.].17A. Issue of a certificate of employment.-
If an insured person happens to need medical care before the temporary identification certificate is issued to him, the employer shall issue a certificate of employment in such form as may be specified by the Director General to such person on demand. Such certificate shall also be issued on demand, if an insured person loses his temporary identification certificate before the receipt of the identity card.17B. Issue of permanent acceptance card -
In areas where the Director General considers it appropriate, the appropriate Office shall also supply a permanent acceptance card for each employee in such form as the Director General may specify along with the identity card and this shall also be delivered to the employee. Permanent acceptance card for the employee who has left employment before [3 months] [ Substituted by Noti. No. 12/13/1/84-P&D, Col. II, dated 5.1.1985 (w.e.f. 27.1.1985).] shall not be given to him but returned to the appropriate office along with the identity card as soon as possible.18. Loss of identity card -
In case of loss, defacement or destruction of an identity card, the insured person shall report the matter to the appropriate [Branch office] [ Substituted by Noti. No. N-11/13/2/2003-P&D, dated 1.10.2004, for " Local Office" (w.e.f. 1.1.2005).], and the Corporation may issue a duplicate copy of the identity card subject to such conditions and payment of such fees as may be determined by the Director-General.19.
[***] [ Regns. 19 to 23 omitted by Noti. No. 12/13/19/79-P&D, dated 9.3.1983 (w.e.f. 26.3.1983).]20.
[***] [ Regns. 19 to 23 omitted by Noti. No. 12/13/19/79-P&D, dated 9.3.1983 (w.e.f. 26.3.1983).]21.
[***] [ Regns. 19 to 23 omitted by Noti. No. 12/13/19/79-P&D, dated 9.3.1983 (w.e.f. 26.3.1983).]22.
[***] [ Regns. 19 to 23 omitted by Noti. No. 12/13/19/79-P&D, dated 9.3.1983 (w.e.f. 26.3.1983).]23.
[***] [ Regns. 19 to 23 omitted by Noti. No. 12/13/19/79-P&D, dated 9.3.1983 (w.e.f. 26.3.1983).]24.
[***] [ Regn. 24 omitted by Noti. No. 12/13/1/84-P&D, Col. II dated 5.1.1985 (w.e.f. 27.1.1985).]25.
[***] [ Regn. 25 omitted by Noti. No. 12/13/19/79-P&D, dated 9.3.1983 (w.e.f. 26.3.1983).]26. [ Return of contributions to be sent to appropriate office [Substituted by Noti. No. 12/13/1/86-P&D, dated 26.10.1988 (w.e.f. 19.11.1988). ]
.-(1) Every employer shall send a return of contributions in quadruplicate in [Form 5][along with receipted copies of challans for the amounts deposited in the Bank, to the appropriate office by registered post or messenger, in respect of all employees for whom contributions were payable in a contribution period, so as to reach that office as-11.
[(a) within 42 days of the termination of contribution period to which it relates;2. For the purposes of section 77 of the Act, the due date by which the evidence of contributions having been paid must reach the Corporation shall be the last of the days respectively specified in clauses (a), (b) and (c) of sub-regulation (1).]
27. [ Issue of certificate of contributions [Substituted by Noti. No.12/13/1/84-P&D, Col. II, dated 5.1.1985 (w.e.f. 27.1.1985). ]
.-An employer shall, on demand from the appropriate office, issue certificate of contributions paid or payable in respect of an insured person in such form as may be specified by the Director General.] [Substituted by Noti. No. 12/13/1/86-P&D, dated 26.10.1988 (w.e.f. 19.11.1988). ]28.
[***] [Regn.30 omitted by Noti.No. 12/13/1/84-P&D, Col. II, dated 5.1.1985 (w.e.f. 27.1.1985). ]29. [ Payment of contribution - [ Substituted by Noti. No. 12/13/1/2008-P&D, dated 11.3.2008 (w.e.f. 1.4.2008).]
Contribution payable under the Act shall, except when otherwise provided, be paid into a Bank duly authorized by the Corporation].30.
[***] [ Regn. 30 omitted by Noti. No. 12/13/19/79-P&D, dated 9.3.1983 (w.e.f. 26.3.1983).]31. [ Time for payment of contribution - [Substituted by Noti. No. 12/13/1/84-P&D, Col. II, dated 5.1.1985 (w.e.f. 27.1.1985). ]
An employer who is liable to pay contributions in respect of any employee shall pay those contributions within [15 days] of the last day of the calendar month in which the contributions fall due];[PROVIDED that where a factory/establishment is permanently closed, the employer shall pay contribution on the last day of its closure.] [Inserted by Noti. No. 12/13/1/86-P&D, dated 26.10.1988 (w.e.f. 11.11.1988). ][Provided that an employer may opt, in such manner as may be prescribed, by the Director-General, for payment of amount in advance towards contibution to be adjusted against contributions payable by him (including employees' contribution) for a wage period so that the balance of advance amount continues to be more than the contributions due and payable at the end of the concerned wage period. Such employer shall furnish in the prescribed pro forma [(Form 5-A)] [Inserted by Noti. No. 12/13/2/93-P&D, dated 16.3.1994 (w.e.f. 1.4.1994). ] [a six monthly statement of contributions payable and paid in advance with the balance left at the end of each month alongwith return of contibutions to the appropriate Regional Office of the Corporation.] [Inserted by Noti. No. 12/13/2/93-P&D, dated 16.3.1994 (w.e.f. 1.4.1994). ]31A. [ Interest on contribution due, but not paid in time - [Substituted by Noti. No. 12/13/19/79-P&D, dated 9.3.1983 (w.e.f. 26.3.1983). ]
An employer who fails to pay contribution within the periods specified in regulation 31, shall be liable to pay [simple interest at the rate of [twelve per cent][per cent per annum] [Substituted by Noti. No. 12/13/2/94-P&D, dated 1.11.1994 (w.e.f. 1.9.1994). ] [in respect of each day of default or delay in payment of contribution.] [Substituted by Noti. No. 12/13/19/79-P&D, dated 9.3.1983 (w.e.f. 26.3.1983). ]31B. [ Recovery of interest - [ Inserted by Noti. No. N-12/13/1/90-P&D, dated 17.5.1991 (w.e.f. 15.6.1991).]
Any interest payable under regulation 31A may be recovered as an arrear of land revenue or under section 45C to section 45-I of the Act.]31C. [ Damages or contributions or any other amount due, but not paid in time [ Substituted by Noti. No. N-12/13/3/2002-P&D, dated 27.3.2003 (w.e.f. 19.4.2003). Earlier Regn. 31-C was inserted by Noti. No. N-12/13/2/91-P&D, dated 6.12.1991 (w.e.f. 1.1.1992).]
.-An employer who fails to pay contributions within the periods specified under regulation 31, or any other amount payable under the Act, shall be liable to pay damages as under:| Period of delay | Maximum rate of damages in per cent per annum of the amount due |
| (i)Less than 2 months | 5% |
| (ii)2 months and above but less than 4 months | 10% |
| (iii)4 months and above but less than 6 months | 15% |
| (iv)6 months and above | 25% |
32. [ Register of employees engaged by immediate employer - [Substituted by Noti. No. 12/13/1/84-P&D, Col. II, dated 5.1.1985 (w.e.f. 27.1.1985). ]
33. Other modes of payment of contribution -
Subject to the directions of the Standing Committee, the Director-General may, if he thinks fit and subject to such terms and conditions as he may impose, approve of any arrangement, [* * *] [ Certain words omitted by Noti. No. 12/13/19/79-P&D, dated 9.3.1983 (w.e.f. 26.3.1983).], whereby contributions are paid at times or in a manner other than those specified in these regulations and such arrangement may include provision for the payment to the Corporation of such fees as may be determined by him to represent the estimated additional expenses to Corporation, and may require such deposit of money by way of security as he may determine.34.
[***] [ Regn. 34 omitted by Noti. No. 12/13/19/79-P&D, dated 9.3.1983 (w.e.f. 26.3.1983).]35.
[***] [ Regns. 35 and 37 omitted by Noti. No. 12/13/1/84-P&D, Col. II, dated 5.1.1985 (w.e.f. 27.1.1985).]36. [ Employment for part of a wage period - [ Substituted by Noti. No. 12/13/1/84-P&D, Col. II, dated 5.1.1985 (w.e.f. 27.1.1985).]
Where an employee is employed by an employer for part of a wage period, the contributions in respect of such wage period, shall fall due on the last day of the employment by such employer in that wage period.]37.
[***] [Regns. 35 and 37 omitted by Noti. No. 12/13/1/84-P&D, Col. II, dated 5.1.1985 (w.e.f. 27.1.1985). ]38. Scheme by joint employers -
Where an employee is ordinarily employed by two or more employers in a [wage period] [ Substituted by Noti. No. 12/13/1/84-P&D, Col. II, dated 5.1.1985 (w.e.f. 27.1.1985).] the employers of such an employee may, if they think fit, submit to the Corporation a scheme for the payment of the contributions in respect of such employee and the Corporation may, if it is satisfied that the scheme is such as will secure the due payment of the contributions, approve such a scheme subject to such terms and condition as it may think necessary:PROVIDED that if no such scheme is submitted to or approved by the Corporation, the Corporation may specify that any one of such employers shall be treated as the employer for the purposes of the provisions of the Act and the regulation relating to contributions, and in such a case the contribution for any [wage period] [ Substituted by Noti. No. 12/13/1/84-P&D, Col. II, dated 5.1.1985 (w.e.f. 27.1.1985).] shall fall due on the last day of the [wage period] [ Substituted by Noti. No. 12/13/1/84-P&D, Col. II, dated 5.1.1985 (w.e.f. 27.1.1985).] on which an employee was employed by the employer so specified.39. Reckoning of wages of employee employed by two or more employers in the same [wage period] [ Substituted by Noti. No. 12/13/1/84-P&D, Col. II, dated 5.1.1985 (w.e.f. 27.1.1985).].-
Where an employee is employed by an employer for only a part of the [wage period] [ Substituted by Noti. No. 12/13/1/84-P&D, Col. II, dated 5.1.1985 (w.e.f. 27.1.1985).] or where an employee by an employed by two or more employers in a [wage period] [ Substituted by Noti. No. 12/13/1/84-P&D, Col. II, dated 5.1.1985 (w.e.f. 27.1.1985).], only the wages payable to him for the days up to and including the day on which the contribution falls due for that [wage period] [ Substituted by Noti. No. 12/13/1/84-P&D, Col. II, dated 5.1.1985 (w.e.f. 27.1.1985).] shall be taken into account in reckoning wages for the purposes of determining the average daily wages of the employee for that [wage period] [ Substituted by Noti. No. 12/13/1/84-P&D, Col. II, dated 5.1.1985 (w.e.f. 27.1.1985).].40.
Refund of contribution erroneously paid -41.
[***] [ Regn. 41 to 43 omitted by Noti. No. 12/13/19/79-P&D, dated 9.3.1983 (w.e.f. 26.3.1983).]42.
[***] [ Regn. 41 to 43 omitted by Noti. No. 12/13/19/79-P&D, dated 9.3.1983 (w.e.f. 26.3.1983).]43.
[***] [ Regn. 41 to 43 omitted by Noti. No. 12/13/19/79-P&D, dated 9.3.1983 (w.e.f. 26.3.1983).]CHAPTER-III BenefitsClaims44. Claims for benefits -
Every claim for a benefit payable under the Act shall be made in writing, in accordance with these regulations, to the appropriate [Branch Office] [Substituted by Noti. No. N-11/13/2/2003-P&D, dated 1.10.2004, for " Local Office" (w.e.f. 1.1.2005). ] on the form appropriate for the purpose of the benefit for which the claim is made or in such other manner as the appropriate office may, subject to its being in writing, accept as sufficient in the circumstances of any particular case or class of cases. Assistance for filling in the form of claim in case of insured persons who cannot do so themselves shall be provided at the [Branch Office] [Substituted by Noti. No. N-11/13/2/2003-P&D, dated 1.10.2004, for " Local Office" (w.e.f. 1.1.2005). ] of the Corporation.45. When claim becomes due
-A claim for any benefit under the Act shall for the purposes of section 77 of the Act, become due on the following days-46. Availability of claim forms -
Claims forms shall be available to intending claimants from such persons and such offices of the Corporation as it may appoint or authorize for the purpose, and shall be supplied free of charge.47. Claim on wrong form -
Where a claim for any benefit has been made on an approved form other than the form appropriate to the benefit claimed, the Corporation may treat the claim as if it was made on the appropriate form:PROVIDED that the Corporation may in any such case require the claimant to complete the appropriate form.48. Evidence in support of claim -
Every person who makes a claim for any benefit shall, in addition to the medical certificate and other forms specifically required under these regulations, furnish such other information and evidence for the purpose of determining the claim as may be required by the appropriate office, and, if reasonably so required, shall for that purpose attend at such office or place as the appropriate office may direct49. Defective claim -
If, in the absence of due signature or of due certification, a claim is defective on the date of its receipt by an office of the Corporation, the office of the Corporation may in its discretion refer the claim to the claimant and if the form is returned duly signed and/or certified within three months from the date on which it was so referred, the office may treat the claim as if it had been duly made in the first instance.50. Claim for inappropriate benefit
- Where it appears that a person who has made a claim for any benefit payable under the Act, may be entitled to a benefit other than that which he has claimed, any such claim may be treated as a claim in the alternative for that other benefit.51. Authority for certifying eligibility of claimants.-
The authority which is to certify the eligibility of claimants shall be the appropriate [Branch Office] [ Substituted by Noti. No. N-11/13/2/2003-P&D, dated 1.10.2004, for " Local Office (w.e.f. 1.1.2005).] in respect of maternity, sickness, temporary disablement benefit [benefits and funeral expenses] [ Substituted by Noti. No. N-12/13/2/99-P&D, dated 13.5.2002 (w.e.f. 29.6.2002).] and the appropriate Regional Office, in respect of permanent disablement and dependant's benefits.52. Benefits when payable.-
[(1) Any benefit payable under the Act shall be paid4. [(b) in the case of funeral expenses not later than 15 days;]
(c)[ in the case of the first payment in respect of maternity benefit not later than 14 days; [Substituted by Noti. No. Genl./Amdt./32, dated 25.4.1972. ](d)in the case of the first payment in respect of Temporary Disablement Benefit not later than one month;(e)in the case of the first payment of Permanent Disablement Benefit not later than one month;(f)in the case of first payment of Dependants' Benefits not later than 3 months, after the claim therefore together with the relevant medical or other certificates and any other documentary evidence which may be called for under these regulations has been furnished complete in all particulars to the appropriate office.]53. Evidence of sickness and temporary disablement.-
Every insured person, claiming sickness benefit or disablement benefit for temporary disablement, shall furnish evidence of sickness or temporary disablement in respect of the days of his sickness or temporary disablement by means of a medical certificate given by an Insurance Medical Officer in accordance with these regulations in the form appropriate to the circumstances of the case:Provided that in areas where arrangements for medical benefit under the Employees' State Insurance Act have not been made or otherwise if in its opinion the circumstances of a particular case so justify, the Corporation may accept any other evidence of sickness or temporary disablement in the form of a certificate issued by the medical officer of the State Government, local body or other medical institution, or a certificate issued by any registered medical practitioner containing such particulars and attested in such manner as may be specified by the Director-General in this behalf.54. Persons competent to issue medical certificate.-
No medical certificate under these regulations shall be issued except by the Insurance Medical Officer to whom an insured person has been allotted or by an Insurance Medical Officer attached to a dispensary, hospital, clinic or other Institution to which an insured person is allotted and such Insurance Medical Officer shall examine and if in his opinion the condition of the insured person so justifies, issue to such insured person free of charge, any medical certificates reasonably required by such insured person under or for the purposes of the Act or any other enactment or these regulations:Provided that an Insurance Medical Officer may issue a medical certificate under these regulations to an insured person who is not allotted to him or to the dispensary, hospital, clinic or other institution to which he is attached, if such officer is satisfied that in the circumstances of any particular case the insured person cannot reasonably be expected to get medical benefit from the Insurance Medical Officer or the dispensary, hospital, clinic or other institution to which such insured person has been allotted ; and such certificate shall also be issued free of charge:Provided further that an insured person shall not be granted a medical certificate unless he produces to the Insurance Medical Officer his Identity Card or such other "Documents" as under these regulations, may have been issued in lieu thereof.55. Medical certificate.-
The appropriate form of a medical certificate shall be filled in ink or otherwise as may be specified by the Director-General, by the Insurance Medical Officer in his own handwriting and shall contain a concise statement of the disease or disablement which in the opinion of the Insurance Medical Officer necessitates abstention from work on medical grounds or renders the person temporarily incapable of work. The statement of the disease or disablement in the medical certificate shall specify the nature thereof as precisely as the Insurance Medical Officer's knowledge of the condition of the insured person at the time of the examination permits.56. Time of granting medical certificate.-
57. Medical certificate on first examination.-
When the examination is the first examination in respect of a spell of sickness or a spell of temporary disablement, the medical certificate shall be in the form of a first certificate [Form 7] [ Substituted by Noti. No. N-11/13/2/2003-P&D, dated 1.10.2004, for " Form 8" (w.e.f. 1.1.2005).] and shall be only in respect of the date of examination:Provided that where the insured person who needs abstention from work on the day of examination, states that he has been actually sick or temporarily disabled on a day earlier than the date of his first examination, the Insurance Medical Officer may, if he is satisfied as to the truth of the statement that the insured person was unable to present himself for medical examination earlier for reasons beyond his control, certify incapacity for work on the date preceding the date of examination:Provided further, that where in the opinion of the Insurance Medical Officer, the insured person is likely to become fit to resume work on a date not later than the third day after the date of examination, the first certificate may be issued in respect of the entire spell of sickness or temporary disablement, and, in such a case, it shall specify the date on which the insured person will, in his opinion, be fit to resume work; such a certificate shall, notwithstanding anything contained in the regulations, be also treated as a final certificate.58. Final medical certificate.-
If at the date of the examination to which amedical certificate other than a first certificate relates, the insured person in the opinion of the Insurance Medical Officer is, or will become on a date not later than the third day after that date, fit to resume work, that certificate shall be in the form of a final certificate [Form 7] [ Substituted by Noti. No. N-11/13/2/2003-P&D, dated 1.10.2004, for " Form 9" w.e.f. 1.1.2005).].59. Intermediate certificate.-
If the final certificate is not issued within seven days of the date of the first certificate, an insured person shall, except where the case is covered by regulation 61, submit certificates in the form of intermediate certificates [Form 7] [ Substituted by Noti. No. N-11/13/2/2003-P&D, dated 1.10.2004, for " Form 10" w.e.f. 1.1.2005).] at intervals of not more than seven days each, commencing from the date of the first certificate.60. Final medical certificate before commencing work for wages.-
Every insured person shall obtain a medical certificate in the form of a final certificate before he takes up any work for wages.61. Intermediate certificate for a longer period.-
When temporary disablement or sickness has continued for not less than twenty-eight days and the Insurance Medical Officer is satisfied that such disablement or sickness is likely to continue for a long period and that, owing to the nature of the disablement or sickness examination and treatment at intervals of more than one week will be sufficient, the insured person may, unless otherwise directed by the appropriate office, furnish medical certificates in the form of special intermediate certificates [Form 8] [ Substituted by Noti. No. N-11/13/2/2003-P&D, dated 1.10.2004, for " Form 11" w.e.f. 1.1.2005).] at intervals of such longer periods not exceeding four weeks as may be specified by the Insurance Medical Officer.62.
[* * *] [ Regn. 62 omitted by Noti. No. Gen./Amdt./20, dated 20.1.1968.]63. Form of claim for sickness or temporary disablement.-
An insured person intending to claim sickness benefit or disablement benefit for temporary disablement shall submit to the appropriate [Branch Office] [ Substituted by Noti. No. N-11/13/2/2003-P&D, dated 1.10.2004, for " Local Office" (w.e.f. 1.1.2005).] by post or otherwise, a claim for benefit in [Form 9] [ Substituted by Noti. No. N-11/13/2/2003-P&D, dated 1.10.2004, for " one of the Forms 12, 13 and 14" (w.e.f. 1.1.2005).], appropriate to the circumstances of the case together with the appropriate medical certificate:Provided that where only one claim in [Form 9] [ Substituted by Noti. No. N-11/13/2/2003-P&D, dated 1.10.2004, for " Forms 13 and 14" (w.e.f. 1.1.2005).] is submitted in respect of more than one certificates, such [Form 9] [ Substituted by Noti. No. N-11/13/2/2003-P&D, dated 1.10.2004, for " Forms 13 or 14" (w.e.f. 1.1.2005).] shall be deemed to be appropriate to all such certificates.64. Failure to submit medical certificate.-
If a person who intends to claim sickness benefit or disablement benefit for temporary disablement fails to submit to the appropriate [Branch Office] [ Substituted by Noti. No. N-11/13/2/2003-P&D, dated 1.10.2004, for " Local Office" (w.e.f. 1.1.2005).] by post or otherwise the first medical certificate or any subsequent medical certificate within a period ofthree days from the date of issue of such certificate he shall not be eligible for that benefit in respect of any period65. Notice of accident.-
66. Maintenance of accident book.-
Every employer shall,- _67. Notice otherwise than by an entry in accident book.-
If notice of an employment injury under regulation 65 is given otherwise than by an entry in the accident book it shall be the duty of the employer or any other person to whom such notice is given under that regulation to make an appropriate entry in the book in respect of the accident to which the notice relates immediately after such notice is received, and where the notice is received otherwise than in writing, read over the particulars to the person who gives the notice and obtains his signature or thumb-impression on the accident book.68. Report of accident by an employer.-
Every employer shall send a report in [Form 12] [ Substituted by Noti. No. N-11/13/2/2003-P&D, dated 1.10.2004, for " Forms 16" (w.e.f. 1.1.2005).] to the nearest [Branch Office] [ Substituted by Noti. No. N-11/13/2/2003-P&D, dated 1.10.2004, for " Local Office" (w.e.f. 1.1.2005).] and to the nearest Insurance Medical Officer69. Employer to arrange first aid.-
Every employer shall arrange for such first aid and medical care and transport for obtaining such aid and care as the circumstances of the accident may require till the injured person is seen by the Insurance Medical Officer and such employer shall be entitled to reimbursement in respect of expenses thereby incurred by him but not exceeding such scale of expenses as may be specified by the Corporation from time to time:Provided that if the employer is required to provide such medical aid free of charge under any other enactment, he shall not be entitled to any reimbursement of expenses.70. Employer to furnish further particulars of accident.-
Every employer shall furnish to the appropriate office such further information and particulars of an accident and within such time as the said 6ffice may, in writing, require.71. Directions by the Corporation.-
Every claimant for and every beneficiary in receipt of disablement benefit shall comply with every direction given to him by the appropriate Regional Office which requires him either72. Reference to a Medical Board.-
A reference to the Medical Board may, be made,73. Report of Medical Board.-
The Medical Board shall after examining the disabled person send its decision on such form as may be specified by the Director-General, to the appropriate Regional Office. The disabled person shall be informed in writing of the decision of the Medical Board and the benefit, if any, to which the disabled person shall be entitled.74. Occupational disease.-
Any question whether an employment injury is caused by an occupational disease specified in the Third Schedule to the Act shall be determined by a Special Medical Board which shall examine the disabled person and send a report in such form as may be prescribed by the Director-General in this behalf to the appropriate Regional Office stating:75. [ Constitution of Medical Board/Special Medical Boards.- [ Substituted by Noti. No. Gen./Amdt./33, dated 27.4.1978.]
Medical Boards for the purposes of the Act and the Special Medical Boards for the purposes of regulation 74 shall be constituted by the Corporation and where it so desires it may approach the State Government for setting up the same and shall consist of such persons, havesuch jurisdiction and follow such procedure as the Director-General may from time to time decide.]76. Appeal Tribunals.-
For the purposes of regulation 74, an Appeal Tribunal shall be constituted by the State Government and shall Consist of a Judicial Officer of the State Government being a person other than the judge of an Employees' Insurance Court, Who shall be assisted by the following persons to be selected by him as assessors76.
-A. [Submission of claims for permanent disablement benefit] [ Substituted by Noti. No. N-12/13/1/90-P&D, dated 17.5.1991 (w.e.f. 15.6.1991).].-Aninsured person who has been declared to be permanently disabled by a Medical Board or by an Appeal Tribunal shall submit, by post or otherwise, to the appropriate [Branch Office] [ Substituted by Noti. No. N-11/13/2/2003-P&D, dated 1.10.2004, for " Local Office" (w.e.f. 1.1.2005).] a claim, covering, except in the case of a first payment, a period of one or more complete calendar months in 3 [Form 14] [[ Substituted by Noti. No. N-11/13/2/2003-P&D, dated 1.10.2004, for " Forms25.
" (w.e.f. 1.1.2005).]] for claiming permanent disablement benefit.[76-B. Commutation of permanent disablement benefit.- [Substituted by Noti. No. N-12/13/2/89-P&D, dated 16.5.1991 (w.e.f. 8.6.1991). ]77. Report of death of insured person by employment injury.-
In case of death of an insured person as a result of an employment injury78. Disposal of body of an insured person dying by employment injury.-
Where an insured person dies as a result of an employment injury sustained as an employee under the Act, the body of the insured person shall not be disposed of until the body has been examined by an Insurance Medical Officer, who will also arrange a post-mortem examination, if considered necessary, in co-operation with any other existing agency:Proy.ided that if an Insurance Medical Officer is unable to arrive for the examiri:ation within 12 hours of such death, the body may be disposed of after obtaining a certificate from such Medical Officer or practitioner as may be available:Provided further that nothing contained in this regulation shall be in derogation of any power conferred on a Coroner under any law for the time being in force or on the officer-in-charge of a police station or some other police officer under [section 174 of the Code of Criminal Procedure, 1973 (2 of 1974)] [ Substituted by Noti. No. 12/13/1/84-P&D, Col. II, dated 5.1.1985 (w.e.f. 27.1.1985).].79. Issue of death certificate.-
An Insurance Medical Officer attending thedisabled person at the time of his death or the Insurance Medical Officer who examines the body after the death or the Medical Officer who attended the insured person in a hospital or other institution where such disabled person died, shall issue free of charge a death certificate in [Form 13] [[ Substituted by Noti. No. N-11/13/2/2003-P&D, dated 1.10.2004, for " Forms17.
" (w.e.f. 1.1.2005).]] to the dependants of the deceased and shall send a report to the appropriate Regional Office.80. Submission of claim for dependants' benefit.-
81. Notice for dependants' benefit.-
On receipt of a claim or claims for dependants' benefit in respect of the death of an insured person and, after making such inquiries as may be necessary about the circumstances and cause of death and about all persons who may be entitled to dependants' benefit, the appropriate Regional Office shall issue by registered post to such other persons, if any, as appear on enquiry to be entitled to dependants' benefit, and who have not yet submitted a claim for such benefit a notice for submission of claims for dependants' benefit within a period of thirty days from the date ofsuch notice. The notice shall indicate inter alia the relevant provisions of the Act and regulations and the procedure for submission of a claim for dependant's benefit.82. Intimation of decision regarding dependants' benefit.-
As soon as possible after the expiry of the period during which claims can be submitted in terms of the notice issued under regulation 81, the appropriate Regional Office shall intimate by registered post the decision of the Corporation in regard to the claim of each of the dependants in writing to the dependants concerned or to his legal representative, or, in the case of a minor, to his guardian.83. Date of accrual of dependant's benefit.-
The dependant's benefit shall accrue from the date of the death in respect of which the benefit is payable, or, where disablement benefit was payable for that date from the date following the date of death.83.
-A. Submission of claims for periodical payments of dependants' benefit.-Each dependant whose claim for dependants' benefit is admitted under regulation 82, shall submit to the appropriate [Branch Office] [ Substituted by Noti. No. N-11/13/2/2003-P&D, dated 1.10.2004, for " Local Office" (w.e.f. 1.1.2005).], by post or otherwise, a claim covering, except in the case of first or a final payment, a period of one or more complete calendar months in [Form 16] [ Substituted by Noti. No. N-11/13/2/2003-P&D, dated 1.10.2004, for " Form 18-A" (w.e.f. 1.1.2005).]. Such claim may be made by the legal representative of a beneficiary or in the case of a minor by his guardian.84. Review of dependant's benefit.-
85.
[* * *] [ Regn. 85 omitted by Noti. No. Genl./Amdt./4, dated 11.12.1977.]86. Appointment of another guardian.-
If at any time the appropriate Regional Office is satisfied that a child who is in receipt of dependant's benefitis being neglected by his guardian, not being a guardian appointed under the Guardian and Wards Act, 1890 (8 of 1890); and the child's share of the dependant's benefit is not being properly spent on his or her maintenance, the appropriate Regional Office may direct that such share may be paid subject to such conditions as it may specify to such other person as it deems fit and as in its opinion would utilise it for the care and maintenance of the child.Maternity benefit87. Notice of pregnancy.-
An insured woman, who decides to give notice of pregnancy before confinement, shall give such notice in [Form 17] [[ Substituted by Noti. No. N-11/13/2/2003-P&D, dated 1.10.2004, for " Form19.
" (w.e.f. 1.1.2005).]] to the. appropriate [Branch Office] [ Substituted by Noti. No. N-11/13/2/2003-P&D, dated 1.10.2004, for " Local Office" (w.e.f. 1.1.2005).] by post or otherwise and shall submit, together with such notice, a certificate of pregnancy in [Form 17] [ Substituted by Noti. No. N-11/13/2/2003-P&D, dated 1.10.2004, for " Form 20" (w.e.f. 1.1.2005).] given in accordance with these regulations on a date not earlier than seven days before the date on which such notice is given.88. Claim for maternity benefit commencing before confinement.-
Every insured woman claiming maternity benefit before confinement shall submit to the appropriate [Branch Office] [ Substituted by Noti. No. N-11/13/2/2003-P&D, dated 1.10.2004, for " Local Office" (w.e.f. 1.1.2005).] by post or otherwise21.
" (w.e.f. 1.1.2005).]] given in accordance with these regulations, not earlier than fifteen days before the expected date of confinement;22.
" (w.e.f. 1.1.2005).]] stating therein the date on which she ceased or will cease to work for remuneration; and89. Claim for maternity benefit only after confinement or for miscarriage.-
Every insured woman claiming maternity benefit for miscarriage shall within 30 days of the date of the miscarriage, and every insured woman claiming maternity benefit after confinement, shall submit to the appropriate office by post or otherwise a claim for maternity benefit in [Form 19] [[ Substituted by Noti. No. N-11/13/2/2003-P&D, dated 1.10.2004, for " Form22.
" (w.e.f. 1.1.2005).]] together with a certificate of confinement or miscarriage in [Form 18] [ Substituted by Noti. No. N-11/13/2/2003-P&D, dated 1.10.2004, for " Form 23" (w.e.f. 1.1.2005).] given in accordance with these regulations.89.
-A. Claim for maternity benefit after the death of an insured woman leaving behind the child.-For the purposes of the proviso to sub-section (2) of section 50 of the Act, the person nominated by the deceased insured woman on Form 1 or on such other Form as may be specified by the Director -General in this behalf and if there is no such nominee, the legal representative, shall submit to the appropriate office by post or otherwise a claim for maternitybenefit, as may be due, in [Form 20] [ Substituted by Noti. No. N-11/13/2/2003-P&D, dated 1.10.2004, for " Form 24-A" (w.e.f. 1.1.2005).] within 30 days of the death of the insured woman together with a death certificate in [Form 21] [[ Substituted by Noti. No. N-11/13/2/2003-P&D, dated 1.10.2004, for " Form24.
-B" (w.e.f. 1.1.2005).]] given in accordance with these regulations.89.
-B. Claim for maternity benefit in case of sickness arising out of pregnancy, confinement, premature birth of child or miscarriage.-8.
, 9, 10 or 11" (w.e.f. 1.1.2005).]], as the case may be, given in accordance with these regulations.90. Other evidence in lieu of a certificate.-
The Corporation may accept any other evidence in lieu of a certificate of pregnancy, expected confinement, confinement death during maternity, miscarriage or sickness arising out of pregnancy, confinement, premature birth of child or miscarriage by an Insurance Medical Officer, if in its opinion, the circumstances of any particular case so justify.91. Notice of work for remuneration.-
Except as provided in regulation 89-B every insured woman who has claimed maternity benefit shall give notice in [Form 19] [[ Substituted by Noti. No. N-11/13/2/2003-P&D, dated 1.10.2004, for " Form24.
" (w.e.f. 1.1.2005).]] if she does work for remuneration on any day during the period for which maternity benefit would be payable to her but for her working for remuneration.92. Date of payment of maternity benefit.-
Maternity benefit shall be payable from the date from which it is claimed provided that such date does not precede the expected date of confinement by more than forty-two days, and that no work is undertaken by the insured woman for remuneration.93. Disqualification for maternity benefit.-
An insured woman may be disqualified from receiving maternity benefit if she fails without good cause to attend for or to submit herself to medical examination when so required; and such disqualification shall be for such number of days as may be decided by the authority authorised by the Corporation in this behalf:Provided that a woman may refuse to be examined by other than a female doctor or midwife.94. Authority which may issue certificate.-
No certificate required under any of the regulations 87 to 89-B shall be issued except by the Insurance Medical Officer to whom the insured woman has or had been allotted or by an Insurance Medical Officer attached to a dispensary, hospital, clinic or other institution to which the insured woman is or was allotted and such Insurance Medical Officer shall examine and if in his opinion the condition of the woman so justifies or in case of death of the insured woman or the death of the child, if satisfied about such death, issue to such insured woman or in case of her death to her nominee or legal representative, as the case may be, free of charge any such certificate when reasonably required by such insured woman or her nominee or legal representative, as the case maybe, under or for the purpose of the Act or any other enactment or these regulations:Provided that such Officer may issue a certificate, as aforesaid, under these regulations, to or in respect of an insured woman who is or was not allotted to him or to the dispensary, hospital, clinic or other institution to which such Officer is attached, if such Officer is attending the woman for prenatal care, for confinement, for miscarriage or for sickness arising out of pregnancy, confinement, premature birth of child or miscarriage or in case of death, was attending the deceased insured woman or the child at the time of the death of the insured woman or the child:Provided further that a certificate of pregnancy, of expected confinement, of miscarriage required under these regulations may be issued by a Registered midwife which shall be accepted by the Corporation on counter-signature by the Insurance Medical Officer:Provided that such Officer may issue a certificate of pregnancy, expected confinement or confinement under these regulations to an insured woman who is not allotted to him or to the dispensary, hospital, clinic or other institution to which such officer is attached, if such Officer is attending the woman for pre-natal care or for confinement:Provided further that a certificate of pregnancy, of expected confinement or of confinement required under these regulations may be issued by a registered midwife which shall be accepted by the Corporation on counter-signature by the Insurance Medical Officer.95. Obligations of Insurance Medical Officer.-
Nothing in these regulations shall relieve an Insurance Medical Officer to whom an insured woman has been allotted, or an Insurance Medical Officer attached to the dispensary, hospital, clinic or other institution to which an insured woman is allotted, of the obligation to examine and if in her opinion the condition of the woman so justifies, issue free of charge a certificate of pregnancy, of expected confinement or confinement or miscarriage or of sickness arising out of pregnancy, confinement, premature birth of a child or miscarriage during any period in which such insured woman is obtaining treatment or attendance from any other person or from any other hospital or institution.Medical benefit to families95.
-A. Medical benefit to families of insured persons.-(l)Medical benefit may be extended to the families of insured persons from such date as the Corporation may, in consultation with State Government, notify.95.
-B. Report of death of insured person.-In case of death of an insured person95.
-C. Issue of death certificate.-An Insurance Medical Officer attending the insured person at the time of death or the Insurance Medical Officer who examines the body after the death or the Medical Officer who attended the insured person in a hospital or other institution where such insured person died, shall issue free of charge a death certificate in [Form 13] [[ Substituted by Noti. No. N-11/13/2/2003-P&D, dated 1.10.2004, for " Form17.
" (w.e.f. 1.1.2005).]] to the person entitled and intending to claim 4[funeral expenses].95.
-D. Other evidence in lieu of a certificate.-The Corporation may accept any other evidence in lieu of a death certificate by Insurance Medical Officer if in its opinion, the circumstances of any particular case so justify.95.
-E. Submission of claim for [funeral expenses] [ Substituted by Noti. No. N-12/13/1/90-P&D, dated 17.5.1991 (w.e.f. 15.6.1991).].-25.
-A" (w.e.f. 1.1.2005).]] by the claimant entitled under the Act and in case of a minor, by his guardian, and such claim shall be supported by documents proving,(i)the death of the deceased person,(ii)that the person claiming is the eldest surviving member of the family of the deceased insured person and incurred the expenditure necessary for the funeral of the deceased, or(iii)in case the claimant is other than the eldest surviving member of the family(a)that the deceased insured person did not have a family or that the deceased insured person was not living with his family at the time of his death;and(b)that the claimant actually incurred the expenditure claimed on the funeral of the deceased insured person:Provided that where the appropriate office is satisfied about the bona fides of the applicant or about the truth of the facts relating to any of the matters mentioned above, one or more of the documents may be dispensed with.Chapter IV
Miscellaneous
96. Authority for determining benefits.-
The authority for determining forpurposes of sub-section (2) of section 70 of the Act, the value of benefits other than cash payment shall be the Medical Commissioner of the Corporation.96.
-A. Reimbursement of expenses incurred in respect of medicaltreatment.-Claims for reimbursement of expenses incurred in respect of medical treatment of insured person and (where such medical benefit is extended to his family) his family may be accepted in circumstances and subject to such conditions as the Corporation may by general or special order specify.97. Discontinuance or reduction of benefits.-
An employer may discontinue or reduce benefits payable to his employees under conditions of their service which are similar to the benefits conferred by the Act to the extent specified below, namely:98. Discharge, etc., of employee under certain conditions.-
If the conditions of service of any employee so allow, an employer may discharge or reduce on due notice an employee1. Tuberculosis
2. Leprosy
3. Chronic Empyema
4. Bronchiactesis
6. AIDS
H. NEOPLASMS7. Malignant Diseases
III. ENDOCRINE NUTRITIONAL AND METABOLIC DISORDERS8. Diabetes mellitus with proliferative retinopathy/diabetic foot/ nephropathy
IV. DISORDERS OF NERVOUS SYSTEM9. Monoplegia
10. HemiplegiaP
11. Paraplegia
12. Hemiparesis
13. Intracranial Space Occupying Lesion
14. Parkinson's disease
15. Spinal Cord Compression
16. Myaesthenia Gravis/Neuromuscular Dystr9phies
V. DISEASES OF EYE17. Immature Cataract with vision 6/6 or less
18. Detachment of Retina
19. Glaucoma
VI. DISEASES OF CARDIOVASCULAR SYSTEM20. Coronary Artery Disease
21. Congestive Heart Failure:
LeftRight22. Cardiac Vascular Diseases with failure /complications
23. Cardiomyopathies
24. Heart Disease with Surgical Intervention alongwith complications
VII. CHEST DISEASES25. Chronic Obstructive Lung Disease (COPD) with congestive heart failure (Cor Pulmonale)
VIII. DISEASES OF THE DIGESTIVE SYSTEM26. Cirrhosis of liver with ascities/chronic active hepatitis
IX. ORTHOPAEDIC DISEASES27. Dislocation of vertebra/prolapse of intervertebral disc
28. Non-union or delayed union of fracture
29. Post-Traumatic Surgical amputations of lower extremity
30. Compound fracture with chronic osteomyelitis
X. PSYCHOSES31. Sub-groups under this are listed for clarification
32. More than 20% burns with infection/ complication
33. Chronic Renal Failure
34. Reynaud's disease/ Burger's disease.]
99. Suspension of sickness or temporary disablement benefit.-
Sickness benefit or disablement benefit for temporary disablement may be suspended, if a person who is in receipt of such benefit fails to comply with any of the requirements of section 64 of the Act, and such suspension shall be for such number of days as may be decided by the authority authorised by the Director-General in this behalf.[99-A. Sickness or temporary disablement benefit during strike.- [ Inserted by Noti. No. 12/13/3/91-P&D, dated 9.12.1991 (w.e.f. 28.12.1991).]Noperson shall be entitled to sickness benefit or disablement benefit for temporary disablement on any day on which he remains on strike except in the following circumstances:2. [(iv) if an insured person/insured woman has undergone operation on account of vasectomy/tubectomy, he/she shall be entitled to enhanced sickness benefit on any day on which he/she remains on leave during the period of strike or remains on leave, or on holiday for which he/she receives wages.] [ Inserted by Noti. No. N-12/13/1/92-P&D, dated 12.2.1993 (w.r.e.f. 1.3.1992).]
100. Relaxation.-
The Director-General may by special or general order relax any regulation under such circumstances and subject to such conditions, as he may deem fit.101.
[***] [ Regn. 101 omitted by Noti. No. Genl./Amdt./20, dated 20.1.1968.]102. Certain officers to have powers of inspection.-
The Director General, the Insurance Commissioner, the Joint Insurance Commissioner, a Deputy Insurance Commissioner, a Regional Director, a Deputy Regional Director, an Assistant Insurance Commissioner, Assistant Regional Director and a [Branch Manager] [ Substituted by Noti. No. N-11/13/2/2003-P&D, dated 1.10.2004, for " Local Office Manager" (w.e.f. 1.1.2005).] shall have all the powers of an Inspector specified in sub-section (2) of section 45 of the Act. In addition to the officers mentioned above, the Director General may, by a written order, confer upon any employee of the Corporation or any Government officer the powers of an Inspector for such period or periods as he may think fit.102.
-A. Inspection book.-103. Medical benefit during disablement.-
A person who is in receipt of disablement benefit shall be entitled to medical benefit while he is in receipt of such benefit:Provided that after the disablement has been declared as a permanent disablement, the person shall not be entitled to medical benefit, if he is not otherwise entitled to such benefit, except in respect of any medical treatment which may be rendered necessary on account of the employment injury from which the disablement resulted.103.
-A. Medical benefit after contribution ceases to be payable.-1. Tuberculosis
2. Leprosy
3. Chronic Empyema
4. Bronchiactesis
5. Interstitial Lung Disease
6. AIDS
II. NEOPLASMS7. Malignant Diseases
111. ENDOCRINE NUTRITIONAL AND METABOLIC DISORDERS
8. Diabetes mellitus with proliferative retinopathy/diabetic foot/ nephropathy
IV. DISORDERS OF NERVOUS SYSTEM9. Monoplegia
10. Hemiplegia
11. Paraplegia
12. Hemiparesis
13. Intracranial Space Occupying Lesion
14. Parkinson's disease
15. Spinal Cord Compression
16. Myaesthenia Gravis/Neuromuscular Dystrophies
V. DISEASES OF EYE17. Immature Cataract with vision 6/6 or less
18. Detachment of Retina
19. Glaucoma
VI. DISEASES OF CARDIOVASCULAR SYSTEM20. Coronary Artery Disease
21. Congestive Heart Failure:
LeftRight22. Cardiac Valvular Diseases with failure/ complications
23. Cardiomyopathies
24. Heart Disease with Surgical Intervention alongwith complications
VII. CHEST DISEASES25. Chronic Obstructive Lung Disease (COPD) with congestive heart failure (Cor Pulmonale)
VIII. DISEASES OF THE DIGESTIVE SYSTEM26. Cirrhosis of liver with ascities/chronic active hepatitis
IX. ORTHOPAEDIC DISEASES27. Dislocation of vertebra/ prolapse of intervertebral disc
28. Non-union or delayed union of fracture
29. Post-Traumatic Surgical amputations of lower extremity
30. Compound fracture with chronic osteomyelitis
X. PSYCHOSES31. Sub-groups under this are listed for clarification
32. More than 20% burns with infection/ complication
33. Chronic Renal Failure
34. Reynaud's disease/ Burger's disease.]
104. Production of document for medical benefit.-
A person intending toclaim medical benefit, and who is otherwise entitled to such benefit, shall produce his identity Card or such other document as may have been issued in lieu thereof at the time of claiming such benefit if demanded by the Insurance Medical Officer and if he fails'to do so, medical benefit may be refused to him.105. Further certificates.-
Where any question arises as to the correctness of any certificate by virtue of which an insured person claims, or is entitled to, any benefit under the Acts, he shall, on being so required in writing or otherwise by the appropriate Office, submit himself, with a view to obtaining a further certificate, to medical examination by such medical authority as the Corporation may appoint in this behalf. If the further certificate specifies thedate on which the insured person is or will be fit to resume work, any certificate which is or has been issued by the Insurance Medical Officer for the same spell of incapacity shall, to the extent to which it relates to any period after and including the said date on the further certificate, be deemed not to have been issued in accordance with these regulations and such further certificate shall, notwithstanding anything contained in these regulations, be deemed to be a final certificate issued under regulations 58 and 60.Notwithstanding anything contained in these regulations, such further certificate in so far as it relates to sickness or temporary disablement, may be issued at such interval and in respect of such periods as may be specified by such medical authority.106. Change of circumstances to be notified.-
Every person to whom any benefit is payable under the Act shall, as soon as may be practicable, notify the appropriate Office of any change of circumstance which he may be expected to know and which might affect the continuance of his right to receipt of such benefit.107. Certificate in respect of a person claiming permanent disablement benefit.-
Every person whose claim for any permanent disablement benefit has been admitted shall submit at six-monthly intervals, with the claim for December and June every year, a certificate in [Form 23] [ Substituted by Noti. No. N-11/13/2/2003-P&D, dated 1.10.2004, for " Form 26" (w.e.f. 1.1.2005).] attested by such authority or persons and in such manner as may be specified by the Director General.107.
-A. Declaration by and certificate in respect of a person claiming dependants' benefit.-Every person whose claim for any dependant's benefit has been admitted shall submit at six-monthly intervals, with the claim for December and June every year, a declaration and a certificate in [Form 24] [ Substituted by Noti. No. N-11/13/2/2003-P&D, dated 1.10.2004, for " Form 27" (w.e.f. 1.1.2005).] attested by such authority or person and in such manner as may be specified by the Director-General.107.
-B. Personal attendance of a person claiming permanent disablement benefit or dependants' benefit.-In the case of claimant for permanent disablement benefit or dependants' benefit, the appropriate [Branch Manager] [ Substituted by Noti. No. N-11/13/2/2003-P&D, dated 1.10.2004, for " Local Office Manager" (w.e.f. 1.1.2005).] may require personal attendance and due identification of any claimant, other than a person incapacitated by bodily illness or infirmity or a pardanashin lady at the appropriate [Branch Office] [ Substituted by Noti. No. N-11/13/2/2003-P&D, dated 1.10.2004, for " Local Office Manager" (w.e.f. 1.1.2005).] or at any other office of the Corporation provided that such appearance shall not be required more frequently than once in every six months.108.
[* * *] [ Regn. 108 omitted by Noti. No. N-12/13/1/90-P&D, dated 17.5.1991 (w.e.f. 15.6.1991).]109. [ Submission of additional information by employer or insured person.- [ Added by Noti. Noti. No. N-12/13/2/92-P&D, dated 22.4.1994 (w.e.f. 1.4.1994).]
The employer or insured person, as the case may be, shall, on demand from the appropriate Office, submit information in such form as may be specified by the Director-General.]FORM 01EMPLOYERS'REGISTRATION FORM[Regulation 10-B]| *Employer's Code No. | {| | ||||||||||
| As on date | Total No. of employees | No of employees drawing wages Rs.7,500 or less | ||||
| Male | Female | Total | Male | Female | Total | |
| Employed directly by the Principal Employer | ||||||
| Through Immediate employer/contractor | ||||||
| Total |
17. Total Wages paid in the preceding month
| Total wages | Wages paid to employees drawing wages Rs. 7,500 or less | |
| To employees employed directly by the principal employer | ||
| To employees employed through Immediate employer/Contrator |
| 18. | Give first date since when 10/20** or more coverable employees under ESI Act were employed for wages | : | ...................................................... |
| 1. | Name of the Factory/Establishment | : | ................................................................ | ||||
| 2. | Complete postal address of the Factory/Establishment | : | ................................................................ | ||||
| 3. | (a) Telephone No., if any | : | ................................................................. | ||||
| (b) Fax No., if any | : | ................................................................. | |||||
| (c) E-mail address, if any | : | ................................................................. | |||||
| (d) Name of Town/Revenue Village | : | ...............................(Taluk/Tehsil).......... | |||||
| (e) Police Station | : | .................................................................. | |||||
| (f).Revenue Demarcation/Hudbast No. | : | .................................................................. | |||||
| 4. | Location of Factory/Establishment | ||||||
| (a)State | : | .................................................................. | |||||
| (b)District | : | .................................................................. | |||||
| (c)Municipality/Ward | : | .................................................................. | |||||
| 5. | Details of Bank A/c: | : | (b) Name of Bank and Branch: | ||||
| (a)Account No....................... | (i)............................................................. | ||||||
| (b)Account No........................ | : | (ii)............................................................ | |||||
| (c)Account No............................ | : | (iii)............................................................ | |||||
| 6. | (a) Income Tax PAN/GIR No. | : | .................................................................. | ||||
| (b) Income Tax Ward/Circle/Area | : | .................................................................. | |||||
| 7. | (a) In case of factory whether licence issued under section 2(m)(i) or 2(m)(ii) of the Factories Act, 1948 | : | .................................................................. | ||||
| (b) Power of connection No. | : | No. | Sanctioned power load | Issuing Authority | |||
| 8. | (a) Whether it is Public or Private Ltd. Company/Partnership/Proprietorship/Co-operative Society/Ownership (Attach copy of Memorandum and Articles of Association/Partnership Deed/Resolution) | ||||||
| (b) Give name, present and permanent residential address of present Proprietor/Managing Directors, Director/Managing Partners, Partners/Secretary of the Co-operative Society | : | Name(i)(ii)(iii)(iv)(v)(vi)(vii) | Designation | Address | |||
| 9. | Address(es) of the Registered Office/Head Office/Branch Office/Sales Office/Administrative Office/Other offices, if any, with number of employees attached with each such office and person responsible for the office | : | Address as on date | No. of employees | Phone No./Fax No. | Function | Person responsible for day-to-day functioning of the office |
| (Give details on a separate sheet, if required) | |||||||
| 10 | (a)Whether any work/business carried out through contractor/immediate employer | : | ................................................................................................... | ||||
| (b)If yes, give nature of such work/business | : | ..................................................................................................... | |||||
| I hereby declare that the statement given above is correct to the best of my knowledge and belief.I also undertake to intimate changes, if any, promptly to the Regional Office/Sub-Regional Office, ESI Corporation as soon as such changes take place | |||||||
| Date................................................................................ | Name and Signature.............................................. | ||||||
| Place............................................................................... | Designation with seal............................................. | ||||||
| (Should be signed by principal employer under section 2(17) of ESI Act) | |||||||
| | | | | | | | | | | |
| Serial No. | Name | Date of birth | Relationship with insured person | Whether residing with him/her or not |
| Insurance No. |
| Sl.No. | Name | Date of birth | Reason(s) for change and date | Relationship with the insured person | Whether residing with him/her or not state | If no, where residing | Name of IMP/Disp.attached | ||
| Yes | No | Distt. | State | ||||||
| | | | | | | | | | |
| Particulars of the Employer:- | ............................... | |
| Name:.............................. | Counter-signature of the employer | |
| Address............................ | ||
| ......................................... | ||
| Code No............................ | ||
| ....................................... | ||
| Designation with Rubber Stamp |
| Serial No. | Name of the employee | Distinguishing No. with the employer, if any | Father's or Husband's name | Insurance No. allotted by the corporation (to be entered in the appropriate office) |
| (1) | (2) | (3) | (4) | (5) |
| Insurance No. | {| | |||
| Insurance No. | {| | |||
| Particulars of members of family | ||||
| Serial No. | Name | Date of birth | Relationship with the insured person | Identification Marks |
| 1. | ||||
| 2. | ||||
| 3. | ||||
| 4. | ||||
| 5. | ||||
| 6. |
12th. May/11th November*
Name opf Branch Office............................Employer's Code No...................RETURN OF CONTRIBUTIONS(Regulation 26)EMPLOYEES'STATE INSURANCE CORPORATIONName and address of the factory or establishment:........................................................Particulars of the principal employer(S):...........................................................| Sl.No. | Month | Date of Challan | Amount | Name of the Bank and Branch |
| 1. | ||||
| 2. | ||||
| 3. | ||||
| 4. | ||||
| 5. | ||||
| 6. |
| Sl.No. | Insurance Number | Name of insured person | No.of days for which wages paid | Total amount of wages paid (Rs.) | Employee's contribution deducted (Rs.) | Average daily wages(Rs.) | Whether still continues working | Remarks |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | |
| Total |
1. Entitlement position marked
2. Total of Column 5 of Return checked and found correct/correct amount is indicated
3. Checked the amount of Employer's/Employee's contribution paid which is in order/observation memo enclosed.
Counter-signature.................................| U.D.C. | Head Clerk | Branch Officer |
| Sl.No | Details of advance payment | Amount | Details of actual contribution paid | Amount | Balance |
| (1) | (2) | (3) | (4) | (5) | (6) |
| Rs. P. | Rs. P. | Rs. P. | |||
| 1. | Opening Balance | ||||
| 2. | Challan dated......... | ................ | *April/October | ................... | ..................... |
| 3. | Challan dated......... | ................ | *May/November | ................... | ..................... |
| 4. | Challan dated......... | ................ | *June/December | ................... | ..................... |
| 5. | Challan dated......... | ................ | *July/January | ................... | ..................... |
| 6. | Challan dated......... | ................ | *August/February | ................... | ..................... |
| 7. | Challan dated......... | ................ | *September/March | ................... | ..................... |
| Total (i)............... | ................ | Total (ii)Total due for contribution periodTotal amount paid in advance Balance | ................... | ..................... | |
| Total (ii) should not be less than total (i) at any time. | |||||
| *Strike out whichever is not applicable.] | |||||
| Place........................................................... | Signature............................ | ||||
| Date............................................................ | Designation.......................... |
| Sl.No | Insurance No. | Name of the insured person | *Name of dispensary to which attached | Occupation | Department and shift, if any | If appointed or left service during the contribution period, date of appointment/leaving service | No. of days for which wages paid/payable | Total amount of wages paid/payable | Employees' share of contribution |
| 1 | 2 | 3 | 3-A | 4 | 5 | 6 | 7 | 8 | 9 |
| Total | |||||||||
| Employer's share | |||||||||
| Grand Total | |||||||||
| Paid on |
| Month....................................... | Month.............................................. | Month.............................................. | ||||||
| No. of days for which wages paid/payable | Total amount of wages paid/ payable (Rs.) | Employees' share of contribution (Rs.) | No. of days for which wages paid/payable | Total amount of wages paid/payable | Employees' share of contribution (Rs.) | No. of days for which wages paid/payable | Total amount of wages paid/payable (Rs.) | Employees' share of contribution (Rs.) |
| 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 |
| Total | Total | Total | ||||||
| Employer's share | Employer's share | Employer's share | ||||||
| Grand Total | Grand Total | Grand Total | ||||||
| Paid on | Paid on | Paid on | ||||||
| Month.......................................... | Month.......................................... | Summary | |||||||
| No. of days for which wages paid/payable | Total amount of wages paid/payable (Rs.) | Employees' share of contribution (Rs.) | No of days for which wages paid/payable | Total amount of wages paid/payable (Rs.) | Employees' share of contribution (Rs.) | Total No. of days for which wages paid/payable in contribution period | Total amount of wages paid/payable in contribution period (Rs.) | Total Employees' share of contribution period (Rs.) | Daily wag (25-26) Rs. |
| 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 |
| Total | Total | ||||||||
| Employer's share | Employer's share | ||||||||
| Grand Total | Grand Total | ||||||||
| Paid on | Paid on |
| Book No..................... | {| |
| Any other remarks by the Medical Officer................................................................................................................................................. | (i)* You now need medical treatment, attendance and abstention from work on medical grounds by reason of (diagnosis)....................................................... |
| (ii)* You have continued to need medical treatment, attendance and abstention from work on medical grounds up to and including this day by reason of (diagnosis).......................................................... | |
| (iii)* In my opinion you will be fit to resume work tomorrow/on............................................. |
| Date.................................... | Signature........................... | {| |
2. This form should be completed and submitted without delay to the appropriate Branch Office to escape penal deduction of benefit under regulation 64 read with regulation 99 of ESI (General) Regulations, 1950.
3. Insured person must sign, with date,the claim form to avoid delay and inconvenience.
FORM 8| Book No..................... | {| |
| Any other remarks by the Medical Officer.................................................................................................................................................. | Certified that I have examined you...................................today and that in my opinion you have continued to need medical treatment and have remained incapable to work up to and including this day by reason of.............................................I further certify that by judging your present condition it is found that your sickness is of such a character that it will be unnecessary to see you for the purpose of treatment more frequently than once in.....................weeks, and you will require medical treatment and will reamin incapable to work atlease up to the end of.....................weeks from this date.........................propose to issue certificates in this form at the interval stated above, so long as your condition does not require more frequent attendance. In my |
| Attestation by Medical Officer | Opinion you should now/need not be referred to a Medical Board to determine if you are permanently disabled. |
| Date............... | Signature.................... | {| |
2. This form should be completed and submitted without delay to the appropriate Branch Office.
3. A final certificate must be obtained before resuming work.
_____________________________*Strike out if not applicable.][FORM 102. In case, the IP/IW is paid any wages for any of the days falling during the abovementioned period subsequently, the same will be notified to you in due course.
3. The day proceeding the first day of absence was*/was not a holiday for the Insured Person/ Insured Woman.
Date ...........................Signature.........................................................................Name in block letters and Designation ......................Code No ........................................................................_____________________*Strike out if not applicable.FORM 11ACCIDENT BOOK(Regulation 66)EMPLOYEES'STATE INSURANCE CORPORATION| Sl.No | Date of notice | Time of notice | Name and address of injured person | Sex | Age | Insurance No. | Shift, department and occupation of the employee | Details of Injury | ||||
| Cause | Nature | Date | Time | Place | ||||||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 |
| | | | | | | | | | | | | | | | | |
| What exactly was the injured person doing at the time of accident | Name, occupation, address and signature or the thumb-impression of the person (s) giving notice | Signature and designation of the person who makes the entry in the Accident Book | Name, address and occupation of two witnesses | Remarks, If any |
| 14 | 15 | 16 | 17 | 18 |
| 1. | Name and Address of Factory/Establishment and Telephone No. | |||
| 2. | Nature of Industry or business | |||
| 3. | Employer's Code No. | 4. Branch Office | ||
| 5. | Name and address of injured person | |||
| 6. | Sex and Age | 7. Occupation | ||
| 8. | Insurance No. | 9. Department | ||
| 10. | Shift/Hrs. of work on the date of accident | 11. Hour at which he started work on the day of accident | ||
| 12. | Date and hour of accident | 13. exact place of accident | ||
| 14. | Nature and extent of injury (e.g., fatal, loss of finger, fracture of leg, scald, etc.) | 15. Location of injury(right leg, left hand or left eye, etc.) | ||
| 16. | Address of premises where accident happened | 17. Date of death in case the injured person dies | ||
| 18.In case the accident happened while meeting an emergency, please state:- | ||||
| (i)Its nature- | (ii)Whether the injured person, at the time of the accident was employed for the purpose of his employer's trade or business in or about the premises at which the accident took place- | |||
| 19. | Dispensary/IMP allotted to injured person | 20. Dr. or Dispensary or Hospital from where injured person received or receiving treatment | ||
| 21. | Name and Address of witness:-1.2. | |||
| Yes | No | |||
| 22. | Whether wages in full or part are payable to him for the day of accident. | Yes | No | |
| 23. | Whether the injured person was an employee under section 2(9) of the Act on the day of accident. | Yes | No | |
| 24. | Whether contribution was payable by him for the day on which accident occurred. | Yes | No | |
| 25. | Cause of accident-(a)State exactly what the injured person was doing at the time of accident, i.e., brief description of how the accident occurred........................................................................... | |||
| (b)Was the injured person, at the time of accident, acting in contravention of- | Yes | No | ||
| (1)The provision of any law applicable to him............or | ||||
| (2)any orders given by or on behalf of his employer......................... | {| | |||
| {| | |
| Signatures* | 1............................................................................ |
| 2............................................................................ | |
| 3............................................................................ | |
| 4............................................................................ |
| {| | |
| Name in block letters and Rubber stamp or seal of the attesting authority |
| The amount due may be paid to me | by money order |
| in cash/by cheque at Branch Office |
| Employer's Code No......................... | Book No...................................................... |
| Serial No...................................................... | |
| Insured Woman's Name......................... | |
| Insurance No............................................. | {| |
| Employer's Code No......................... | Book No...................................................... |
| Serial No...................................................... | |
| Insured Woman's Name......................... | |
| Insurance No............................................. | {| |
| Employer's Code No......................... | Book No...................................................... |
| Serial No...................................................... | |
| Insured Woman's Name......................... | |
| Insurance No............................................. | {| |
1. No work for remuneration shall be taken up during the period for which Maternity Benefit is being claimed or is to be claimed.
2. Notice for resumption of work must be sent before any work is taken up.
3. Any person who makes a false statement or representation for the purpose of obtaining benefit, whether for herself or for some other person, commits an offence punishable with imprisonment for a term which may-extend up to six months, or with a fine up to Rs. 2,000, or with both.]
FORM 20CLAIM FOR MATERNITY BENEFIT AFTER THE DEATH OF AN INSUREDWOMAN LEAVING BEHIND THE CHILD(Regulation 89-A)EMPLOYEES' STATE INSURANCE CORPORATIONClaim arising from the death on .................................................of Ms........................................ wife/daughter of ........................................................................ having Insurance No................... and last employed by M/s .................................................................................................................I ................................................................................................ *being related to the above named deceased Insured Person as her .......................................and being her nominee/being her legal representative (applicable if the I.W. dies leaving no nominee), hereby claim Maternity Benefit for the period from ......................... to.....................I also declare that**(i) the deceased Insured Woman died on .........................................leaving behind the child who is still alive; or**(ii) the deceased Insured Woman died on ........................................leaving behind the child who also died on .............................The amount due may be paid to me by Money Order/in cash at Branch Office.I further declare that the particulars, as given hereinabove, are true to the best of my knowledge and belief.Date ...........................Signature/Thumb-impression of the claimantName in block letters and ....................................Address of claimant .............................................ATTESTATION***Certified that the declarations, as made hereinabove, are true to the best of myknowledge and belief.| {| | |
| Name in block letters and Rubber stamp or seal of the attesting authority |
2. Any person who makes a false statement or representation for the purpose of obtaining benefit, whether for himself or for some other person, commits an offence punishable with imprisonment for a term which may extend up to six months or with a fine up to Rs. 2,000 or with both.
FORM 21DEATH CERTIFICATE IN CASE OF CONFINEMENT FOR CLAIMINGMATERNITY BENEFIT(Regulation 89-A)EMPLOYEES' STATE INSURANCE CORPORATION| {| | |
| Stamp of the dispensary |
| Rubber Stamp and name in block letters |
| {| | |
| Name in block letters and Rubber stamp or seal of the attesting authority |
| Signature.................................. | |
| Name in block letters ofSigning claimant | ...................................................Designation with Rubber Stamp/Seal |
| of the Attesting Authority |
| {| | |
| Name in block letters and Rubber stamp or seal of the attesting authority |