ESIC – Employees’ State Insurance (Central) Rules, 1950 – Part I

THE EMPLOYEES’ STATE INSURANCE (CENTRAL) RULES, 1950

MINISTRY OF LABOUR

NOTIFICATION

New Delhi, the 22nd June, 1950

S.R.O. 212. — In exercise of the powers conferred by section 95 of the Employees’ State Insurance Act, 1948 (XXXIV of 1948), the Central Government is pleased to make the following rules, the same having been previously published as required by sub-section (1) of the said section, namely : —

RULES

CHAPTER I

PRELIMINARY

1.      Short title and extent. — (1)  These Rules may be called the Employees’ State Insurance (Central) Rules, 1950.

(2) They extend to the whole of India.

2.  Definitions. — In these rules, unless there is anything repugnant in the subject or context, —

(1)     “ the Act ” means the Employees’ State Insurance Act, 1948 (Act XXXIV of 1948) ;

 (1-A)             “ average daily wages during a contribution period ” in respect of an employee, means the aggregate amount of wages payable to him during that period divided by the number of days for which such wages were payable ;

 (1-B)      “ Average daily wages during a wage period ” means —

(a)    in respect of an employee who is employed on time-rate basis, the amount of wage which would have been payable to him for the complete wage period had he worked on all the working days in that wage period, divided by 26 if he is monthly rated, 13 if he is fortnightly rated, 6 if he is weekly rated and 1 if he is daily rated ;

(b)    in respect of an employee employed on any other basis, the amount of wages earned during the complete wage period in the contribution period divided by the number of days in full or part for which he has worked for wages in that wage period :

Provided that where an employee receives wages without working on any day during such wage period, he shall be deemed to have worked for 26, 13, 6 or 1 days or day if the wage period be a month, a fortnight, a week or a day respectively.

Explanation. — Where any night shift continues beyond midnight, the period of the night shift after midnight shall be counted for reckoning the day worked as part of the day preceding ;

 (1-C)      “ benefit period ” means the period not exceeding six con­secutive months corresponding to the contribution period, as may be specified in the regulations ;

(2)     “ Chairman ” means the Chairman of the Corporation, the Standing Committee or the Medical Benefit Council, as the case may be ;

    (2-A)      “ Contribution period ” means the period not exceeding six consecutive months, as may be specified in the regulations ;]

(3)     “ Form ” means a form appended to these Rules ;

(4)     the “ Fund ” means the Employees’ State Insurance Fund ;

(5)     “ Government Securities ” means Government Securities as defined in the Indian Securities Act, 1920 ;

(6)     “ immovable property ” includes land, benefits to arise out of land, things attached to the earth, or permanently fastened to anything attached to the earth ;

(7)     “ movable property ” means property of every description except immovable property ;

 (7-A)     “ standard benefit rate ” means average daily wages obtained by dividing the total wages paid during the contribution period by the number of days for which these wages were paid ;

(8)     “ State Medical Commissioner ” means a duly registered medical practitioner including a medical officer in the service of a State Government appointed as such by the Corpo­ration ;

(9)     “ year ” shall mean the financial year, that is to say, the period beginning from the first of April and ending with the thirty-first of March of the year following.

 (10)       all other words and expressions shall have the meanings respectively assigned to them in the Act.

Related :

ESIC – Employees’ State Insurance (Central) Rules, 1950 – Part II