Occupational diseases (Part 5) - ESI Act 1948

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Occupational
Diseases - V
Group B

2
CONTENTS
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1.Crèche
• Definition
• Objectives
• Services
• Environment
2. Employee’s State Insurance
(ESI) Act 1948

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Crèche
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Definition:
• A crèche is a facility which enables parents to
leave their children while they are at work and
where children are provided stimulating
environment for their holistic development.
• Crèches are designed to provide group care
to children, usually up to 6 years of age, who
need care, guidance and supervision away
from their home during the day.

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Objectives:
 To provide day-care facilities for children
(6 months to 6 years) of working mothers
in the community.
 To improve nutrition and health status of
children.
 To promote physical, cognitive, social
and emotional development (Holistic
Development) of children.
 To educate and empower parents
/caregivers for better childcare.

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Services: The scheme will provide an
integrated package of the following services:
 Daycare Facilities including Sleeping Facilities.
 Early Stimulation for children below 3 years
and Pre-school Education for 3 to 6 years old
children.
 Supplementary Nutrition(to be locally sourced)
 Growth Monitoring.
 Health Check-up and Immunization.

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Environment: The crèche should be located in a safe and secure
place which is welcoming and child friendly. It is ideal to have the
crèche near the homes of children or near the place of work of the
mothers (at a walkable distance i.e. ½ - 1 km) for the following
reasons:
 Mothers breastfeeding their babies can conveniently come to feed their
babies.
 Parents can be contacted in case of emergencies
 It is easier to pickup, bring or send the child from home
 If a child is absent for a long period of time, the crèche worker can go herself
to enquire about the child from his/her home.

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Employee’s State Insurance (ESI) Act 1948
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ESI Act was passed in 1949 and amended in
1975,1984 and 1989.
This is an important measure of social security
and health insurance in India.
The Act provides benefits in Cash and Kind, to
the industrial workers, in case of sickness,
maternity and employment injury, thereby
removing the economic fear and physical fear.

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Scope:
• The ESI Act extends to whole of India .
• It applies to all factories (establishment)employing less than 20 members
and power is being used or more than 20 members and power is not
used.
• The amendment made in 1975 include the following establishment also.
Hotels and restaurants
Cinema and theatres
Road transport establishment
Newspaper establishment
Shops

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• With effects from 1.04.2004,the Act covers all employees, manual, clerical,
supervisory and technical getting ₹7500/ per month.
• The provisions of the Act can be extended to any other agricultural or
commercial establishment.
• ESI Act is named so because of the following reasons.
• It is called 'Employee ' because it is meant for the employees.
• It is called 'State' because the State Government takes upon itself the responsibility of
intervening and providing remedial measures in the event the worker meet with a crisis.
• It is called 'Insurance' because the workers have to pay a small percentage (varying from
1to 2.5%) of their wages as premium whether they get immediate benefit or not.

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Administration:
• The administration of ESI Scheme under the Act is entrusted to an
autonomous body, called ‘ESI Corporation’, which meets at least twice a
year. The body consists of the following members:
• Chairman: The Union Minister of Labor.
• Vice-chairman: Secretary to Government of India—Ministry of Labor.
• Five representatives of Central Government.
• One representative from each State Government.
• One representative for all Union Territories.
• Five representatives of employees.
• Five representatives of employers.
• Two representatives from medical profession.
• Three members of parliament.

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• A ‘Standing Committee’ is constituted from the members of the ESI
Corporation, which acts as an ‘Executive body’ for day to day
administration. This body meets four times in a year. It has a
strength of about 16, headed by Director General of Corporation,
who is the Chief Executive Officer and is assisted by four principal
Officers. They are:
• Insurance Commissioner
• Medical Commissioner
• Financial Commissioner
• Actuary.

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Matters relating to medical benefits to the
employees are decided by a body called ‘Medical
Benefit Council’, which is headed by Director
General of Health Services, who is the
Chairman of the council. Thus, the council
consists of:
• Director General of Health Services, as Chairman
• Deputy Director General of Health Services
• Medical Commissioner of ESI-Corporation
• One member from each state
• Three representatives of employees
• Three representatives of employers
• Few members of medical profession (one must be a
woman).

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• ESI Corporation—makes policies
• Standing Committee—executes the policies
• Medical Benefit Council—is an advisory body to advise on the organization of
medical relief.
• For day-to-day administration, the ESI Corporation has set up 21-State-wise
Regional Offices and 15 Sub-Regional Offices.
• Under the Regional Offices, there are several local offices to receive the claims
of insured persons and to pay them cash benefits.
• There are Inspection Officers through-out the country to inspect factories
regarding the benefits given to the workers and also the correct payment of their
contributions.

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EMPLOYEE'S STATE INSURANCE ACT(1948):
 This is an act to provide for certain benefits to
employees in case of sickness , maternity and
employment injury and to make provision for
certain other matters in relation thereto.
 Whereas it is expedient to provide for certain
benefits to employees in case of sickness,
maternity and employment injury and to make
provision for certain other matters in relation
thereto.

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It is hereby enacted as follows:-
1. Extent, commencement and application:
• this act may be called the employees' state
insurance Act,1948.
• it extend to the whole of India
• it shall come into force on such date or dates
as the central Government may,by
notification in the official Gazette,appoint and
different dates may be appoint for different
provision of this Act and for different states
or for different parts thereof.
• it shall apply, in the first instance ,to all the
factories (including factories belonging to the
Government other than seasonal
factories.{Provided that nothing contained in
this sub-section shall play to a factory or
establishment belonging to or under the
control of the Government whose employees
are otherwise in receipt of benefits
substantially similar to superior to the
benefits provided under this Act}
• The appropriate Government may, in
consultation with the corporation and (where
the appropriate Government is a state
government, with the approval of the central
government),after giving (one month's)notice
of it's intention of so doing by notification in
the official Gazette, extend provisions of this
act or any of them, to any other
establishment ,or class of establishment,
industrial, commercial, agriculture or
otherwise. {Provided that where the
provisions of this Act have been brought into
force in any of a state,the said provisions
shall stands extended to any such
establishment or class of establishment
within that part of the provisions have
already been extended to similar
establishment or class of establishment in
another part of that state.}
• A factory or an establishment to which this
act applies sahll continue to be governed by
this act not withstanding that the number of
persons employed therein at anytime falls
below the limit specified by or under this act
or the manufacturing process therein ceases
to be carried on with the aid of power.

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2. Benefits: Subject to be provisions of this Act ,the
insured person,(there dependence or the persons
hereinafter mentioned, as the case may be ,)shall be
entitled to the following benefits namely:-
• periodical payments to any insured person in case of
his sickness certified by a duly appointment medical
practitioner ( or by any other person processing such
qualifications and experience has the corporation may,
by regulations ,specify in his behave), hereinafter
referred to as sickness benefit.•periodical payments to
an insured women in case of confinement or
miscarriage or sickness arising out of pregnancy,
confinement,premature birth of child or miscarriage,
such women being certified to be eligible for such
payments by an authority specified in this behave by
the regulations ( hereinafter referred to as maternity
benefits).
• periodical payments to an insured person suffering
from disablement has a result an employment injury
sustain as an employee under this Act and certified to
be eligible for such payments by an authority specified
in this behalf by the regulations (hereinafter referred to
as disablement benefit.)•periodical payments to such
dependence of an insured person who dies as a result
of an employment injury sustain as an employee
under this Act,as are entitled to compensation under
this Act (hereinafter referred to as dependence'
benefit).
• Medical treatment for an attendance on insured
persons(hereinafter referred to as medical benefit).
• Payment to the eldest surviving member of the family
of an insured person who has died,towards the
expenditure on the funeral of the decreased insured
person,or ,where the insured person did not have a
family or was not living with his family at the time of
his death,to the person who actually in curs the
expenditure on the funeral of the decreased insured
person ( to be known as funeral expenses).{Provided
that the amount of such payment shall not
exceed(such amount as may be prescribed by the
central Government ) and the claim for such payment
shall be made within three months of the death of the
insured person or within such extended period as the
corporation or any officer or authority authorized by it
in this behalf may allow.} The corporation may,at the
request of the appropriate Government,and subject to
such condition as may be laid down in the
regulations,extend the medical benefis to the family of
an insured person.

1919
FINANCES:
The different sources of finance to run the scheme are:
• Contribution by the employers- 1.75 percent of their
wages.
• Contribution by the employers- 4.75 percent the wages
of their workers.
• State Government- contributes 1/8 total cost of medical
care.
• ESI Corporation- contributes 7/8 of total cost of medical
care.
• Government of India- contributes 2/3 of administrative
expenditure. (Employees getting daily wages of below
₹15/- are exempted from payment of contribution).

2020
BENEFITS TO EMPLOYEES:
Following benefits are provided to the
employees under the ESI Scheme. First five
benefits are in cash and 6th one in kind:
 Sickness benefit
 Maternity benefit
 Dependent benefit
 Funeral benefit
 Medical benefit
 Rehabilitation benefit All these benefits are
provided to only those employees whose
wages don't exceed ₹7500/- per month.

2121
SICKNESS BENEFIT:
 It is a benefit given to the insured worker in cash during the period of
sickness, when he/she is unable to attend to the work, provided the
sickness is duly certified by the Insurance Medical Officer.
 The benefit consists of 50 per cent of the average daily wage, for a
maximum period of 91 days, in any continuous period of 365 days. This is
called ‘Ordinary Sickness Benefit’.
 This benefit covers only short-term illness.
 Employees suffering from long-term illnesses, the benefit of cash is
extended beyond 91 days. It is called ‘Extended Sickness Benefit’. The
benefit is payable up to 309 days, provided the insured person has put in
two years of continuous service. This is with effect from 1.1.2000.

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 Thirty-four diseases are entitled under extended sickness benefit.
They are grouped as follows:
A. Infectious diseases: Tuberculosis, Leprosy, Chronic empyema, AIDSB.
B. Neoplasms, Malignant diseases,
C. Endocrine, nutritional and metabolic disorders: Diabetes with
complications like retinopathy, nephropathy and diabetic foot.
D. Disorders of the nervous system: Monoplegia, Hemiplegia, Paraplegia,
Hemiparesis, Intracranial space occupying lesions (Brain tumor), Spinal
cord compression, Parkinson’s disease, Neuromuscular dystrophy,
Immature cataract, Detachment of retina, Glaucoma
E. Diseases of the cardiovascular system 18. Coronary artery disease 19.
Congestive heart failure 20. Cardiac valvular diseases with failure 21.
Cardiomyopathies 22. Heart disease with surgical intervention

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F. Chest diseases: Bronchiectasis, Interstitial lung disease, Chronic
obstructive pulmonary diseases (COPD) with congestive heart failure
(Cor pulmonale)
G. Diseases of the digestive system: Cirrhosis of liver with ascites,
H. Orthopedic diseases: Dislocation of the vertebra/prolapse of inter-vertebral
disk, Nonunion or delayed union of the fracture, Post-traumatic surgical
amputation of lower extremity, Compound fracture with chronic
osteomyelitis
I. Psychosis, Schizophrenia, depression, dementia, depressive psychosis
J. Others: More than 20 percent burns with infection/compli-cation, Chronic
renal failure, Reynaud’s disease/Burger’s disease.

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 During the period of sickness, the insured person
is protected from dismissal or discharge from the
service by the employer.
 The benefit is available, irrespective of
whether the diseases occur on account of
occupational factors or not.

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“1. Suryakantha’s PSM
2. K Park’s PSM
3. Rajiv Gandhi National Creche Scheme For the Children Of
Working Mothers Government Of India
4. http://esic.in/web/esic/esi-act
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References

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Group
Members
Roll no. 11 – Pranshu Dwivedi
Roll no. 12 – Siddharth Gurung
Roll no. 13 – Mohsin Ahmed Ansari
Roll no. 14 – Gemin Langkam
Roll no. 15 – Radhe Nampi
Roll no. 16 – Yanu Kodak
Roll no. 17 – Nani Kuru
Roll no. 18 – Marjum Haji
Roll no. 19 – Tiling Rema
Roll no. 20 – Tadar Matma

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