Employees’ State Insurance Act, 1948
The condition of the labour employment sector has improved in the past few decades with the commencement of Factory Act, 1948. Providing the employees with minimum wages is not enough to ensure their welfare. Therefore, came ‘The Employees’ State Insurance Act, 1948. This Act ensures that the Employees’ get certain benefits in case of injury, sickness, maternity, etc. The Act was amended by the Employees’ State Insurance (Amendment) Act, 2010. This covers social security, providing better services to the beneficiaries, and also streamlines the procedure for assessment of the dues.
The Central Government empowers this Act, Thus, it extends to the whole of India. The higher authorities enforce the provisions of the Act by notification in the Official Gazette. To enforce different provisions of the Act on different dates and for different States or for different parts thereof. This Act is applicable to all the factories including those run by the government. Although section 1 of the Act, empowers the appropriate government to extend any of the provisions of the Act to any other establishment or class of establishments, industrial, commercial, agricultural or otherwise after giving one month’s notice in the Official Gazette. However, this can be done by the appropriate Government, only in consultation with the Employees’ State Insurance Corporation set up under the Act. Where the appropriate Government is a State Government. It can extend the provisions of the Act with the approval of the Central Government.
It may be noted that a factory or an establishment to which the Act applies shall continue to be governed by this Act. Even if the number of persons employed fall below the specified limit under the Act specified by the manufacturing process.
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