Special Provisions of ESIC Act – Employers and Employees
Special Provisions for Safeguarding the Interest of Employees
| Special Provisions | ESI Act |
| Benefits received by Insured Person- Not assigned or attachable | Sec 60 |
| Bar on benefits under other enactments | Sec 61 |
| No reduction of wages during sickness | Sec 72 |
| No termination/Dismissal/Discharge/ Reduction during sickness | Sec 73 |
| Medical Board- Medical appeal tribunal employees’ Insurance Court | Sec 54-A |
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Appeal can be filed within 3 months but this period can be extended.
Panel of Medical Appeal Tribunal
The panel of Medical Appeal Tribunal consists of:
- Judicial member
- Doctor of concerned speciality
- Labour Leader
Return of Contribution is required to be submitted by the Employer.
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No contribution by employee if wages less than Rs. 50/- per day
| Other Provisions | ESI Act |
| Punishment for false statement by Insured Person | Sec 84 |
| Establishment of E.I. Court | Sec 74 |
| Submission of Return of Contribution | Sec 44 |
| Provision for Prosecution for Non-submission | Sec 85 |
| EVERY 6 MONTHS | |
| FOR HALF YEAR ENDING 31ST MARCH | 12 MAY |
| FOR HALF YEAR ENDING 30TH SEPTEMBER | 11 NOV |
| Liability of Transferee – Joint & Severally | Sec 93-A |
| Restricted to the value of Assets | |
| Repayment of Benefits improperly received | Sec 70 |
| Recovery of Employees’ share of contribution by Reduction from his wage and not otherwise- Shall relate to the period or part of the period in respect of which contribution is payable – AND Shall not be in excess of the sum representing the Employees’ Contribution for the period | Sec 40 |
| Power of Central Govt. to give directions | Sec 92 |
| Provision for Prosecution For non/delayed payment of contribution, non-submission of returns/records | Sec 85, 85-A & 86 |
