1 EMPLOYEES STATE INSURANCE (GENERAL) REGULATIONS, 1950 [RS/5/48, DATED ] In xrcis of th powrs confrrd by sction 97 of th Employs Stat Insuranc Act, 1948 (34 of 1948), th Employs Stat Insuranc Corporation is plasd to mak th following rgulations, th sam having bn prviously publishd as rquird by sub-sction (1) of th said sction, namly: CHAPTER I Short titl and xtnt. 1. (1) Ths rgulations may b calld th Employs Stat Insuranc (Gnral) Rgulations, (2) Thy xtnd to th whol of India including th Union Trritory of Pondichrry xcpt th Stat of Jammu and Kashmir. Dfinitions. 2. In ths rgulations, unlss th contxt othrwis rquirs (a) Act mans th Employs Stat Insuranc Act, 1948 (34 of 1948); (b) appointd day mans with rfrnc to any ara, factory or stablishmnt, th day from which th whol of Chaptrs IV and V of th Act apply to such ara, factory or stablishmnt, as th cas may b; (c) Appropriat Offic, Appropriat 1[Branch offic] or Appropriat Rgional Offic, shall man with rfrnc to any action takn undr ths rgulations, such offic of th Corporation as may b spcifid for that purpos undr a gnral or spcial ordr of th Corporation; (d) Cntral Ruls mans th ruls mad by th Cntral Govrnmnt undr sction 95 of th Act; () 1a[***] (f) 2[***] (g) Employr mans th principal mployr as dfind in th Act; (h) Employr s Cod Numbr mans th rgistration numbr allottd by th appropriat Rgional Offic to a factory or stablishmnt for th purposs of th Act, th ruls and ths rgulations; (i) Factory or Establishmnt mans a factory or an stablishmnt to which th Act applis; (j) Form mans a form appndd to ths rgulations; 3[(k) Idntity Card mans a prmannt idntity card issud by th appropriat offic to an insurd prson for idntification for th purposs of th Act, th Ruls and ths Rgulations;] (kk) Family Idntity Card mans a Card issud by th appropriat offic to an insurd prson for idntification of his family for th purposs of th Act, th ruls and ths rgulations; (l) Inspctor mans a prson appointd as such by th Corporation undr sction 45 of th Act; (m) Instructions mans instructions or ordrs issud by th Corporation or by such officr or officrs of th Corporation as may b authorisd by th Corporation in this bhalf; (n) Insuranc Mdical Officr mans a mdical practitionr appointd as such to provid mdical bnfit and to prform such othr functions as may b assignd to him and shall b dmd to b a duly appointd mdical practitionr for th purposs of Chaptr V of th Act; (o) Insuranc Numbr mans a numbr allottd by th appropriat offic to an mploy for th purposs of th Act, th ruls and ths rgulations;
2 (p) 3a[Branch offic] and Rgional Offic shall man, according to th contxt, such subordinat offic of th Corporation, st up at such plac and with such jurisdiction and functions as th Corporation may, from tim to tim dtrmin; (q) 3a[Branch] Managr mans a prson appointd by th Corporation as such 4[or] th officr-in-charg of a Local Offic; (r) Stat Ruls mans th ruls mad by a Stat Govrnmnt undr sction 96 of th Act; (s) Rgional Dirctor mans a prson appointd by th Corporation as such for a spcifid rgion; (t) Rgistrd Midwif mans a prson who is rgistrd as a midwif undr any law in forc in any Stat providing for rgistration of nurss and midwivs; (u) Ruls mans ruls mad by th Cntral or a Stat Govrnmnt undr th Act; (v) Spcifid mans spcifid by instructions issud from tim to tim by th Corporation or any authorisd officr; (w) Yar mans a calndar yar xcpt whn spcifically statd othrwis; (x) All othr words and xprssions hav th manings rspctivly assignd to thm in th Act or th ruls, as th cas may b. Th mannr in which th Corporation may xrcis its powrs. 3. (1) Whr a rgulation mpowrs th Corporation to spcify, prscrib, provid, dcid or dtrmin anything or to do any othr act, such powrs may b xrcisd by a rsolution of th Corporation or subjct to th provisions of sction 18 of th Act by a rsolution of th Standing Committ: Providd that th Corporation or th Standing Committ may dlgat any of powrs undr ths rgulations to a sub-committ or to such officrs of th Corporation as it may spcify in that bhalf: Providd furthr that no powr shall b dlgatd undr this rgulation which undr th Act is rquird to b xrcisd by th Corporation only. (2) Any appointmnt to b mad by th Corporation undr ths rgulations, shall b mad by th Dirctor-Gnral or by such othr officrs as may b authorisd in this bhalf by th Standing Committ. Exrcis of powrs by an offic. 3A. Whr a powr is to b xrcisd by th appropriat Offic or appropriat 3a[Branch offic] or appropriat Rgional Offic it shall b xrcisd by th officr for th tim bing in charg throf or by such othr officr as may b authorisd for th purpos undr gnral or spcial ordrs of th Dirctor-Gnral. 5[Contribution and bnfit priods. 4. Contribution priods and th corrsponding bnfit priods shall b as undr : Contribution priod 1st April to 30th Sptmbr 1st Octobr to 31st March of th yar following Corrsponding bnfit priod 1st January of th yar following to 30th Jun. 1st July to 31st Dcmbr: Providd that in th cas of a prson who bcoms an mploy within th maning of th Act for th first tim, th first contribution priod shall commnc from th dat of such mploymnt in th contribution priod currnt on that day and th corrsponding bnfit priod for him shall commnc on th xpiry of th priod of nin months from th dat of such mploymnt.] 5. 6[* * *]
3 Mtings of th Corporation, th Standing Committ and th Mdical Bnfit Council. 6. Th mtings of th Corporation, th Standing Committ and th Mdical Bnfit Council shall b hld in accordanc with th Cntral Ruls at such tim and plac as may b fixd by th Chairman concrnd. Dcision by majority. 7. Evry mattr coming up for dcision bfor a mting of th Corporation, th Standing Committ or th Mdical Bnfit Council shall b dcidd by a majority of prsons prsnt and voting at th tim of th mting and in cas of quality of vots th Chairman of th mting shall hav an additional casting vot. Mod of xrcising vot. 8. Th vots shall b takn by show of hands and th nams of prsons voting in favour and against any proposition shall b rcordd only if any mmbr prsnt rqusts th Chairman to do so. Mattrs to b brought bfor th Corporation. 9. In addition to th mattrs which ar, undr any spcific provision of th Act or th Cntral Ruls, rquird to b placd bfor th Corporation, th following mattrs shall b rfrrd to th Corporation for its dcision : (a) rgulations undr sction 97 and amndmnts thrto bfor final publication; (b) any masurs proposd undr sction 19 of th Act; (c) any proposal to xtnd mdical bnfit to familis undr sub-sction (2) of sction 46; (d) any disput proposd to b rfrrd to arbitration undr sub-sction (4) of sction 58; () any proposal to st up hospitals undr sction 59; (f) any proposal to grant xmption undr sction 91; (g) any proposal to nhanc bnfits undr sction 99; (h) any othr mattr which th corporation or its Chairman may dirct th Standing Committ or th Dirctor-Gnral to plac bfor th Corporation. 7[Rgional Boards. 10. (1) A Rgional Board may b st up for ach Stat or Union Trritory by th Chairman of th Corporation and shall consist of th following mmbrs, namly: (a) a Chairman to b nominatd by th Chairman of th Corporation in consultation with th Stat Govrnmnt or th Administration of th Union Trritory; (b) a Vic-Chairman to b nominatd by th Chairman of th Corporation in consultation with th Stat Govrnmnt or th Administration of th Union Trritory; (c) on rprsntativ of th Stat or th Union Trritory to b nominatd by th Stat Govrnmnt or th Administration of th Union Trritory; (d) (i) th Administrativ Mdical Officr or any othr Officr dirctly in charg of th Employs Stat Insuranc Schm in th Stat or th Union Trritory x officio; 8[(ii) th Rgional Dputy Mdical Commissionr of th Corporation x officio;] () on rprsntativ ach of th mployrs and mploys from th Stat or th Union Trritory to b nominatd by th Chairman of th Corporation in consultation with such organisations of th mployrs and th mploys as may b rcommndd for th purpos by th Stat Govrnmnt or th Union Trritory; (f) mmbrs of th Corporation othr than th Chairman and th Vic-Chairman and officials, if any, amongst thos nominatd by th Cntral Govrnmnt undr claus (c) of sction 4 of th Act, rsiding in th Stat or th Union Trritory x officio;
4 9[(g) mmbrs of th Mdical Bnfit Council nominatd by th Cntral Govrnmnt undr clauss (), (f) and (g) of sction 10 of th Act rsiding in th Stat or th Union Trritory x officio : 10[Providd that whr th Chairman of th Corporation so considrs it to b xpdint h may nominat such additional rprsntativs of mployrs, and mploys, not xcding thr from ach sid, with a viw to providing for th adquat rprsntation of important organisations not includd in th nominations of th Stat Govrnmnts, or th Union Trritory and to maintain th parity btwn th numbr of rprsntativ of such mployrs and mploys: Providd furthr that th Chairman of th Corporation shall nominat such additional rprsntativs of mployrs and mploys not xcding thr from ach sid whr th numbr of rprsntativs of mployrs and mploys including th x officio mmbrs, if lss than thr ach.] 11[(2) A Rgional Board may, if it considrs it dsirabl, co-opt th Officr in-charg of a Sub- Rgional Offic st up within its boundaris, and/or a mmbr of th mdical profssion in th Rgion and th prson(s) so co-optd shall continu to b mmbr(s) during th plasur of th Rgional Board.] (3) Th Rgional Dirctor or Officr-in-charg of th Rgional Offic shall b th mmbr scrtary of th Board. (4)(i) Sav as xprssly providd in this rgulation, th trm of offic of th mmbrs of th Rgional Board rfrrd to in 12[claus () of and th proviso to] sub-rgulation (1), shall b 13[thr yars] commncing from th dat on which thir nomination is notifid, providd that th mmbrs of th Rgional Board, shall, notwithstanding th xpiry of th said priod, continu to hold offic until th nomination of thir succssors is notifid. (ii) Sav as xprssly providd in this rgulation, th mmbrs of th Rgional Board rfrrd to in 14[claus (c)] of sub-rgulation (1) shall hold offic during th plasur of th Stat Govrnmnt nominating thm. (iii) A mmbr of th Rgional Board rfrrd to in 15[claus (f)] or sub-rgulation (1) shall cas to hold offic whn h cass to b a mmbr of th Corporation or cass to rsid in that ara. (iv) Any mmbr rfrrd to in claus (i) of this sub-rgulation nominatd to fill a casual vacancy shall hold offic for th rmaindr of th trm of offic of th mmbr in whos plac h is nominatd. (v) An outgoing mmbr shall b ligibl for rnomination. (5) A mmbr of th Rgional Board rfrrd to in 16[claus () of and th proviso to] subrgulation (1) abov, may rsign his offic by notic in writing to th Chairman of th Corporation, through th Chairman, Rgional Board, and his sat shall fall vacant on th accptanc of th rsignation. (6)(i) A mmbr of th Rgional Board rfrrd to in 16[claus () of and th proviso to] subrgulation (1) shall cas to b a mmbr of th Board if h fails to attnd thr conscutiv mtings throf providd that his mmbrship may b rstord by th Chairman of th Corporation on his bing satisfid as to th unavoidabl natur of th circumstancs which ld to his non-attndanc. (ii) Whn any prson nominatd to rprsnt an mployr s or mploy s organisation on th Rgional Board has casd to rprsnt such organisation, th Chairman of th Corporation, may, by notification in th Gaztt of India, dclar that such prson shall cas to b a mmbr throf with ffct from such dat as may b spcifid thrin. (7) Th mmbrs of th Rgional Board shall rciv such fs and allowancs as may b prscribd by th Cntral Govrnmnt for mmbrs of th Corporation. (8) A mmbr shall b disqualifid for bing nominatd or for bing a mmbr of th Rgional Board : (i) if h is dclard to b of unsound mind by a comptnt court ; or (ii) if h is an undischargd insolvnt; or (iii) if bfor or aftr th commncmnt of th Rgulations h has bn convictd of an offnc involving moral turpitud.
5 (9) Th Scrtary shall, with th approval of th Chairman, fix th dat, tim and plac of, and also draw up th Agnda for, vry mting. Notic of not lss than tn days from th dat of posting shall ordinarily b givn to vry mmbr for ach mting, providd that if it is ncssary to convn an mrgncy mting, a rasonabl notic throf shall b givn to vry mmbr. No mattr othr than that includd in th Agnda shall b considrd xcpt with th prmission of th Chairman. (10) No businss shall b transactd at any mting unlss thr is a quorum of not lss than on third of th numbr of th mmbrs on th Board, providd that if at any mting, sufficint numbr of mmbrs ar not prsnt to form a quorum, th Chairman may adjourn th mting to a dat not latr than svn days from th dat of original mting and it shall thrupon b lawful to dispos of th businss at such adjournd mting irrspctiv of th numbr of mmbrs prsnt. (11) All mattrs shall b dcidd by a majority of prsons prsnt and voting and in cas of quality of vots, th Chairman shall hav a casting vot or a scond vot. (12) Th Chairman or in his absnc th Vic-Chairman of th Rgional Board shall prsid at th mtings. In th vnt of th absnc of both th Chairman and th Vic-Chairman th mmbrs prsnt may lct on from amongst thmslvs to prsid. (13) (i) Th minuts of ach mting showing intr alia th nams of th mmbrs prsnt thrat shall b forwardd to all mmbrs of th Rgional Board as soon aftr th mting as possibl and in any cas not latr than fiftn days from th dat of th mting. (ii) Th rcords of th minuts of ach mting shall b signd by th Chairman aftr confirmation with such modifications as may b considrd ncssary at th mting, at which th minuts ar confirmd. 17[(14) A Rgional Board shall prform th following functions in rspct of th Rgion for which it is st up: (a) Such administrativ and/or xcutiv functions as may, from tim to tim b ntrustd or dlgatd to it by a rsolution, by th Corporation or th Standing Committ. (b) To mak rcommndations from tim to tim in rgard to changs which may in its opinion b advisabl in th Act, Ruls and Rgulations and forms and procdur to b followd in th running of th Schm. (c) To dcid within th broad framwork of th gnral dcisions and programm of prioritis of th Corporation, th following mattrs, providd that whr th spcific approval of th Corporation or th appropriat Govrnmnt is rquird, such approval shall b takn: (i) xtnsion of th Schm to othr catgoris of stablishmnts in accordanc with th ordr of prioritis laid down by th Corporation; (ii) xtnsion of Schm to nw aras and xtnsion of mdical car to familis; (iii) adoption of spcial masurs to mt pculiar conditions in th ara; (iv) improvmnt in bnfits; (v) provisions of indoor mdical tratmnt; (vi) masurs and arrangmnts for th rhabilitation of insurd prsons in th ara, who ar prmanntly disabld; (vii) scuring complianc by mployrs with th various provisions of th Employs Stat Insuranc Act, th Rgulations and othr Ruls and instructions; (d) To rviw from tim to tim th working of th Schm in th Stat both on th mdical sid as wll as cash bnfit sid and to advis th Corporation and th Stat Govrnmnt on masurs to improv th working of th Schm both in rgard to paymnt of cash bnfits and administration of mdical bnfit and in particular to promot prvntiv halth masurs, safty and prsonal hygin and to rviw and chck lax crtification and othr abuss of th Schm. () To look into gnral grivancs, complaints and difficultis of insurd prsons, mployrs, tc., as it may considr ncssary. (f) To advis th Corporation on such mattrs as may b rfrrd to it for advic by th Standing Committ or th Dirctor-Gnral.
6 Th Rgional Board may st up suitabl Sub-Committs for carrying out any of its functions and may sk th assistanc or advic of Local Committs whr ncssary.] (15)(i) If in th opinion of th Corporation, th Rgional Board prsistntly maks dfault in prforming th dutis imposd on it by or undr this rgulation or abuss its powrs, th Corporation may by notification in th Gaztt of India suprsd th Rgional Board. (ii) Upon th publication of a notification undr claus (i) abov suprsding th Rgional Board, all th mmbrs of th Rgional Board shall from th dat of such publication b dmd to hav vacatd thir offics. (iii) Whn th Rgional Board has bn suprsdd th Corporation may (a) immdiatly constitut a nw Rgional Board in accordanc with this rgulation; or (b) appoint such agncy for such priod as it may think fit to xrcis th powrs and prform th functions of th Rgional Board and such agncy shall b comptnt to xrcis all powrs and prform all th functions of th Rgional Board. 18[Local committs. 10A. (1) A local committ may b st up for such ara as may b considrd appropriat by th Rgional Board and shall consist of th following mmbrs, namly: (a) a Chairman to b nominatd by th Chairman, Rgional Board, who shall b an official of th Corporation or of th Stat in which th ara is situatd; (b) an official of th Stat to th nominatd by th Stat Govrnmnt; (c) th Administrativ Mdical Officr-in-charg of th Schm in th ara concrnd, x officio, or any othr mdical officr nominatd by him; (d) such numbr, to bing lss than two nor mor than four, of rprsntativs of mployrs in th ara as may b considrd appropriat by th Chairman, Rgional Board, to b nominatd by him, in consultation with such mployrs organisations as may b rcommndd for th purpos by th Stat Govrnmnt; () an qual numbr of rprsntativs of mploys in th ara to b nominatd by th Chairman, Rgional Board, in consultation with such organisations of mploys as may b rcommndd for th purpos by th Stat Govrnmnt; (f) an official of th Corporation to b nominatd by th Dirctor-Gnral, who shall also act as Scrtary to th Committ: Providd that whr th Chairman, Rgional Board, so considrs it to b xpdint, h may nominat such additional rprsntativs of mployrs and mploys, not xcding two from ach sid, with a viw to providing for th adquat rprsntation of important organisations not includd in th nominations of th Stat Govrnmnt and to maintaining th parity btwn th numbr of rprsntativs of such mployrs and mploys: Providd furthr that in any ara in which mdical car is providd through a panl systm, a local committ may co-opt a mmbr rprsnting th local Insuranc Mdical Practitionrs. (2)(i) Th trm of offic of th mmbrs of a local committ nominatd undr clauss (d) and () of sub-rgulation (1) shall b 19[thr yars], commncing from th dat on which thir nomination is notifid, providd that such mmbrs, shall, notwithstanding th xpiry of th said priod, continu to hold offic until th nomination of thir succssor is notifid. (ii) Th mmbrs of a local committ nominatd undr clauss (b), (c) and (f) of sub-rgulation (1) shall hold offic during th plasur of th authority nominating thm. (3) A mmbr of a local committ may rsign his offic by notic in writing to th Chairman, Rgional Board, and his sat shall fall vacant on th accptanc of th rsignation. (4)(i) A mmbr of a local committ shall cas to b a mmbr of th Committ if h fails to attnd thr conscutiv mtings throf providd that this mmbrship may b rstord by th Chairman, Rgional Board, on bing satisfid as to th unavoidabl natur of th circumstancs which ld to his non-attndanc. (ii) Whr in th opinion of th Stat Govrnmnt any prson nominatd to rprsnt mployrs or mploys on a local committ has casd to rprsnt such mployrs or mploys, th
7 Chairman, Rgional Board, may dclar that such prson shall cas to b a mmbr throf with ffct from such dat as may b spcifid by him. (5) Th mmbrs of th committ shall rciv such fs and allowancs as may b spcifid by th Cntral Govrnmnt. (6) Th Scrtary, shall, in consultation with th Chairman, fix th dat, tim and plac of, and also draw up th Agnda for vry mting. Notic of not lss than svn days shall ordinarily b givn to vry mmbr for such mting. No mattr othr than that includd in th Agnda shall b considrd xcpt with th prmission of th Chairman. (7) No businss shall b transactd at any mting of a committ unlss thr is a quorum of not lss than on-third of th numbr of th mmbrs of th committ. (8) All mattrs at a mting of a local committ shall b dcidd by a majority of prsons prsnt at th mting and voting, and in cas of quality of vots, th Chairman shall hav a casting vot or a scond vot. (9) A local committ shall prform th following functions in rspct of th ara for which it is st up, namly: (a) to discuss local problms in rgard to th Employs Stat Insuranc Schm so as to scur its fficint working with th full co-opration of all partis concrnd and to mak rcommndations; (b) to rfr such complaints as it may considr ncssary to th Rgional Dirctor concrnd, or in th cas of complaints concrning mdical bnfit, to th Stat Govrnmnt or such authority as that Govrnmnt may nominat for th purpos; and (c) to advis th Corporation or th Rgional Board concrnd on such mattrs as may b rfrrd to it for advic.] CHAPTER II COLLECTION OF CONTRIBUTIONS, ETC. Rgistration of Factoris or Establishmnts. 10B. (a) Th mployr in rspct of a factory or an stablishmnt to which th Act applis for th first tim and to which an Employr s Cod Numbr is not yt allottd, and th mployr in rspct of a factory or an stablishmnt to which th Act prviously applid but has casd to apply for th tim bing, shall furnish to th appropriat Rgional Offic not latr than 15 days aftr th Act bcoms applicabl, as th cas may b, to th factory or stablishmnt, a dclaration of rgistration in writing in Form 0119a[and Form 01-A] (hrinaftr rfrrd to as Employr s Rgistration Form). (b) Th mployr shall b rsponsibl for th corrctnss of all th particulars and information rquird for and furnishd on th Employr s Rgistration Form. (c) Th appropriat Rgional Offic may dirct th mployr who fails to comply with th rquirmnts of paragraph (a) of this rgulation within th tim statd thrin, to furnish to that offic Employr s Rgistration Form duly compltd within such furthr tim as may b spcifid and such mployr shall, thrupon, comply with th instructions, issud by that offic in this bhalf. 19a[(cc) Th mployr in rspct of a factory or stablishmnt to which a cod numbr has bn issud by th Corporation basd on information collctd or dcision takn rgarding applicability of th Act to such factory or stablishmnt, shall, within fiftn days or rcipt of information of allotmnt of cod numbr, furnish a dclaration in Form-01.] (d) Upon rcipt of th compltd Employr s Rgistration Form, th appropriat Rgional Offic shall, if satisfid that th factory or th stablishmnt is on to which th Act applis, allot to it an Employr s Cod Numbr (unlss th factory or th stablishmnt has alrady bn allottd an Employr s Cod Numbr) and shall inform th mployr of that numbr. () Th mployr shall ntr th Employr s Cod Numbr on all documnts prpard or compltd by him in connction with th Act, th ruls and ths rgulations and in all corrspondnc with th appropriat offic.
8 19a[Submission of annual information by factoris/stablishmnts. 10C. Th mployr in rspct of a factory or stablishmnt to which this Act applis and to whom a cod numbr has alrady bn allottd, shall furnish to th appropriat Rgional Offic or Sub- Rgional Offic or Divisional Offic, by 31st of January vry yar, a rturn in Form 01-A. Th mployr shall b rsponsibl for corrctnss of all particulars and information furnishd in Form 01-A.] Dclaration by prsons in mploymnt on appointd day. 11. Th mployr in rspct of a factory or an stablishmnt shall rquir vry mploy in such factory or stablishmnt to furnish and such mploy shall on dmand furnish to him ithr bfor or on th appointd day corrct particulars rquird for th purpos of Form 1 (hrinaftr rfrrd to as th Dclaration Form). Such mployr shall ntr th particulars in th Dclaration Form including th tmporary Idntification Crtificat, and obtain th signatur or th thumb-imprssion of such mploy and also complt th form as indicatd thron. Dclaration by prsons ngagd aftr th appointd day. 12. (1) Th mployr in rspct of a factory or an stablishmnt shall, bfor taking any prson into mploymnt in such factory or stablishmnt aftr th appointd day, rquir such prson (unlss h can produc an Idntity Card or othr documnt in liu throf issud to him undr ths rgulations to furnish and such prson shall on dmand furnish to him corrct particulars rquird for th Dclaration Form including th Tmporary Idntification Crtificat. Such mployr shall ntr th particulars in th Dclaration Form including th Tmporary Idntification Crtificat and obtain th signatur or th thumb imprssion of such prson and also complt th form as indicatd thron. (2) Whr an Idntity Card is producd undr such sub-rgulation (1), th mployr shall mak rlvant ntris thron [* * *] Dclaration Form to b snt to 21[appropriat] offic. 14. Th mployr shall snd to th appropriat 22[* * *] offic by rgistrd post or mssngr, all Dclaration Forms without dtaching th tmporary idntification crtificat prpard undr ths rgulations togthr with a rturn in duplicat in Form 3 within 10 days of th dat on which th particulars for th Dclaration Forms wr furnishd. Allotmnt of Insuranc Numbr. 15. On rcipt of th rturn rquird undr rgulation 14, th 21[appropriat] Offic shall promptly allot an Insuranc Numbr to ach prson in rspct of whom th Dclaration Form has bn rcivd unlss it finds that th prson had alrady bn allottd an Insuranc Numbr. Th tmporary Idntification Crtificat with Insuranc Numbrs markd thron shall b dtachd and rturnd to th mployr along with on copy of Form 3. Th mployr shall dlivr th Tmporary Idntification Crtificat to th mploy to whom it rlats aftr obtaining his signatur or thumb-imprssion thron xcpt in th cas of an mploy to whom a crtificat of mploymnt has bn issud undr Rgulation 17A. Th Insuranc Numbr allottd by th 21[appropriat] offic to an mploy and indicatd in th copy of Form 3 rturnd to th mployr, shall b ntrd by th mployr on th 22a[rgistr of mploys (Form 7) and rturn of contributions]. 23[Rgistration of familis. 15A. On th issu of a notification undr rgulation 95A, spcifying th dat from which th family of an insurd prson shall also b ntitld to mdical bnfit undr th Act, vry insurd
9 prson who has not furnishd th particulars of his family at th tim of his rgistration undr th Act, shall furnish to th mployr corrct particulars in rspct of his family in Form 1A. th mployr shall ntr th particulars in th form and obtain th signatur or th thumb imprssion of such prson and complt th form as indicatd thron and snd it to th appropriat offic on or bfor th Saturday following th nd of th wk in which th particulars wr furnishd. Changs in family. 15B. An insurd prson shall intimat all changs in th mmbrship of th family as dfind undr th Act, to th mployr within 15 days of such chang having occurrd and th mployr shall ntr such particulars in Form 23a and shall forward it to th appropriat offic on or bfor th Saturday following th nd of th wk in which th particular of th changs wr furnishd.] Th Corporation to rciv assistanc from mployrs. 16. An mployr shall rndr all ncssary assistanc which th Corporation may rquir in connction with th rgistration of his factory or stablishmnt and th rgistration of his mploys and spcially for photographing such mploys and affixing th photographs to th idntity cards. 24[Idntity cards. 17. Th appropriat offic shall arrang to hav an idntity card prpard in Form 4 for ach prson in rspct of whom an insuranc numbr is allottd and shall includ in such card th particulars of th family ntitld to mdical bnfit undr rgulation 95A and shall snd all such idntity cards to th mployr. Such mployr shall if and whn th mploy has bn in his srvic for 25[3 months], obtain th signatur or thumb imprssion of th mploy on th idntity card and shall aftr making rlvant ntris thron, dlivr th idntity card to him. Th mployr shall obtain a rcipt from th mploy for th idntity card. Th idntity card in rspct of an mploy who has lft mploymnt bfor 25[3 months] shall not b givn to him, but shall b rturnd to th appropriat offic as soon as possibl. Issu of a Crtificat of Employmnt. 17A. If an insurd prson happns to nd mdical car bfor th Tmporary Idntification Crtificat is issud to him, th mployr shall issu a crtificat of mploymnt in such form as may b spcifid by th Dirctor-Gnral to such prson on dmand. Such crtification shall also b issud on dmand, if an insurd prson loss his Tmporary Idntification Crtificat bfor th rcipt of th idntity card. Issu of Prmannt Accptanc Card. 17B. In aras whr th Dirctor-Gnral considrs it appropriat, th 26[appropriat] Offic shall also supply a prmannt Accptanc Card for ach mploy in such form as th Dirctor- Gnral may spcify along with th idntity card and this shall also b dlivrd to th mploy. Prmannt Accptanc Card for th mploy who has lft mploymnt bfor 27[3 months] shall not b givn to him but rturnd to th appropriat offic along with th idntity card as soon as possibl. Loss of Idntity Card 18. In cas of loss, dfacmnt or dstruction of an Idntity Card, th insurd prson shall rport th mattr to th appropriat 27a[Branch offic], and th Corporation may issu a duplicat copy of th Idntity Card subjct to such conditions and paymnt of such fs as may b dtrmind by th Dirctor-Gnral [***]
10 20. 28[***] [***] a[***] [***] Loss of Contribution Card [***] Rfund for contribution stamps [***] 31[Rturn of contributions to b snt to appropriat offic. 26. (1) Evry mployr shall snd a rturn of contributions in quadruplicat in Form 31a along with rciptd copis of challans for th amounts dpositd in th Bank, to th appropriat offic by rgistrd post or mssngr, in rspct of all mploys for whom contributions wr payabl in a contribution priod, so as to rach that offic as 32[(a) within 42 days of th trmination of contribution priod to which it rlats]; 33[(b) within 21 days of th dat of prmannt closur of th factory or stablishmnt, as th cas may b]; (c) within 7 days of th dat of rcipt of rquisition in that bhalf from th appropriat offic. (2) For th purposs of sction 77 of th Act, th du dat by which th vidnc of contributions having bn paid must rach th Corporation shall b th last of th days rspctivly spcifid in clauss (a), (b) & (c) of sub-rgulation (1).] 34[Issu of crtificat of contributions. 27. An mployr shall, on dmand from th appropriat offic, issu crtificat of contributions paid or payabl in rspct of an insurd prson in such form as may b spcifid by th Dirctor- Gnral.] [***] 36[Paymnt of contribution. 29. Contribution payabl undr th Act shall, xcpt whn othrwis providd, b paid into a Bank duly authorisd by th Corporation.] [***] 36[Tim for paymnt of contribution. 31. An mployr who is liabl to pay contributions in rspct of any mploy shall pay thos contributions within 21 days of th last day of th calndar month in which th contributions fall du :] 38[Providd that whr a factory/stablishmnt is prmanntly closd, th mployr shall pay contribution on th last day of its closur :] 39[Providd that an mployr may opt, in such mannr as may b prscribd, by th Dirctor- Gnral for paymnt of amount in advanc towards contribution to b adjustd against contributions payabl by him (including mploys contribution) for a wag priod so that th balanc of advanc amount continus to b mor than th contributions du and payabl at th nd of th concrnd wag priod. Such an mployr shall furnish in th prscribd proforma (Form 39aA), a six monthly statmnt of contributions payabl and paid in advanc with th
11 balanc lft at th nd of ach month along with rturn of contributions to th appropriat rgional offic of th Corporation.] 40[Intrst on contribution du, but not paid in tim. 31A. An mployr who fails to pay contribution within th priods spcifid in rgulation 31, shall b liabl to pay 41[simpl intrst at th rat of 15 pr cnt pr annum] in rspct of ach day of dfault or dlay in paymnt of contribution.] 42[Rcovry of intrst. 31B. Any intrst payabl undr rgulation 31A may b rcovrd as an arrar of land rvnu or undr sction 45C to sction 45-I of th Act.] 43[Damags or contributions or any othr amount du, but not paid in tim. 31C. An mployr who fails to pay contributions within th priods spcifid undr rgulation 31, or any othr amount payabl undr th Act, shall b liabl to pay damags as undr: Priod of dlay Rat of damags in % pr annum of th amount du (i) Up to 2 months 5% (ii) 2 months and abov but lss than 4 months (iii) 4 months and abov but lss than 6 months 10% 15% (iv) 6 months and abov 25% : Providd that th Corporation, in rlation to a factory or stablishmnt which is dclard as sick industrial company and in rspct of which a rhabilitation schm has bn sanctiond by th Board for Industrial and Financial Rconstruction, may : (a) in cas of a chang of managmnt including transfr of undrtaking(s) to workr(s) cooprativ or in cas of mrgr or amalgamation of sick industrial company with a halthy company, compltly waiv th damags lvid or lviabl; (b) in othr cass, dpnding on its mrits, waiv up to 50 pr cnt damags lvid or lviabl; (c) in xcptional hard cass, waiv ithr totally or partially th damags lvid or lviabl.] 44[Rgistr of Employs 32. (1) Evry mployr shall maintain a rgistr in Form 7 in rspct of vry mploy of his factory or stablishmnt. 45[(1a) Evry immdiat mployr shall maintain a rgistr in Form 45a in rspct of vry mploy ngagd by him and submit th sam to th principal mployr bfor th sttlmnt of any amount payabl undr sub-sction (1) of sction 41 of th Act.] (2) Evry mployr shall prsrv vry rgistr maintaind undr this rgulation aftr it is filld, for a priod of fiv yars from th dat of last ntry thrin. (3) Th mployr shall giv a rasonabl opportunity to any of his mploys, if h so dsirs, to s ntris in rspct of such mploy in this rgistr onc a month.] Othr mods of paymnts of contribution. 33. Subjct to th dirctions of th Standing Committ, th Dirctor-Gnral may, if h thinks fit and subjct to such trms and conditions as h may impos, approv of any arrangmnt, 46[***], whrby contributions ar paid at tims or in a mannr othr than thos spcifid in ths rgulations and such arrangmnt may includ provision for th paymnt to th Corporation of such fs as may b dtrmind by him to rprsnt th stimatd additional
12 xpnss to Corporation, and may rquir such dposit of mony by way of scurity as h may dtrmin [***] [***] 49[Employmnt for part of a wag priod. 36. Whr an mploy is mployd by an mployr for part of a wag priod, th contributions in rspct of such wag priod, shall fall du on th last day of th mploymnt by such mployr in that wag priod.] [***] Schm by joint mployrs. 38. Whr an mploy is ordinarily mployd by two or mor mployrs in a 51[wag priod] th mployrs of such an mploy may, if thy think fit, submit to th Corporation a schm for th paymnt of th contributions in rspct of such mploy and th Corporation may, if it is satisfid that th schm is such as will scur th du paymnt of th contributions, approv such a schm subjct to such trms and condition as it may think ncssary: Providd that if no such schm is submittd to or approvd by th Corporation, th Corporation may spcify that any on of such mployrs shall b tratd as th mployr for th purposs of th provisions of th Act and th rgulation rlating to contributions, and in such a cas th contribution for any 51[wag priod] shall fall du on th last day of th 51[wag priod] on which an mploy was mployd by th mployr so spcifid. Rckoning of wags of mploy mployd by two or mor mployrs in th sam 52[wag priod]. 39. Whr an mploy is mployd by an mployr for only a part of th 52[wag priod] or whr an mploy is mployd by two or mor mployrs in a 52[wag priod], only th wags payabl to him for th days up to an including th day on which th contribution falls du for that 52[wag priod] shall b takn into account in rckoning wags for th purposs of dtrmining th avrag daily wags of th mploy for that 52[wag priod.] 53[Rfund of contribution rronously paid. 40. (1) Any contribution paid by a prson undr th rronous blif that th contributions wr payabl by that prson undr th Act may b rfundd without intrst by th Corporation to that prson, if application to that ffct is mad in writing bfor th commncmnt of th bnfit priod corrsponding to th contribution priod in which such contribution was paid. (2) Whr any contribution has bn paid by a prson at a rat highr than that at which it was payabl th xcss of th amount so paid ovr th amount payabl may b rfundd without intrst by th Corporation to that prson, if application to that ffct is mad bfor th commncmnt of th bnfit priod corrsponding to th contribution priod in which such contribution was paid. (3) In calculating th amount of any rfund to b mad undr this rgulation thr may b dductd th amount, if any, paid to any prson by way of bnfit on th basis of th contribution rronously paid and for th rfund of which th application is mad. (4) Whr th whol or part of th amount of any contribution rfrrd to in sub-rgulations (1) and (2), was rcovrd from an immdiat mployr or dductd from th wags of an mploy by th principal mployr, h shall, on gtting th rfund of th amount from th Corporation b
13 liabl to pay back th amount so rcovrd or dductd to th prson from whom th amount was so rcovrd or dductd. (5) Applications for rfund undr this rgulation shall b mad in such form and in such mannr and shall b supportd by such documnts as th Dirctor-Gnral may, from tim to tim, dtrmin.] [***] [***] [***] CHAPTER III 55[BENEFITS] CLAIMS Claims for bnfits. 44. Evry claim for a bnfit payabl undr th Act shall b mad in writing, in accordanc with ths rgulations, to th appropriat 55a[Branch] Offic on th form appropriat for th purpos of th bnfit for which th claim is mad or in such othr mannr as th appropriat offic may, subjct to its bing in writing, accpt as sufficint in th circumstancs of any particular cas or class of cass. Assistanc for filling in th form of claim in cas of insurd prsons who cannot do so thmslvs shall b providd at th 55a[Branch] Offics of th Corporation. Whn claim bcoms du. 45. A claim for any bnfit undr th Act shall for th purposs of sction 77 of th Act, bcoms du on th following days : (a) For sicknss bnfit or for disablmnt bnfit for tmporary disablmnt for any priod, on th dat of th issu of th mdical crtificats in rspct of such priods; providd that in cass whr a prson is not ntitld to sicknss bnfit for th first two days of sicknss, th du dat shall b dfrrd by such days. (b) For matrnity bnfit (i) in cas of confinmnt, on th dat of issu, in accordanc with ths rgulations, of crtificat of xcptd confinmnt or on th day six wks prcding th xpctd dat of confinmnt so crtifid whichvr is latr or, if no such crtificat is issud, on th dat of confinmnt; and (ii) in cas of miscarriag and in cas of sicknss arising out of prgnancy, confinmnt, prmatur birth of child or miscarriag, on th dat of issu of th mdical crtificat of such miscarriag or sicknss, as th cas may b; (c) for 57[first paymnt of] disablmnt bnfit for prmannt disablmnt, on th dat in which an insurd prson is dclard as prmanntly disabld in accordanc with th Act and ths rgulations; and 56[(d) for 57[first paymnt of] dpndnts bnfit, on th dat of th dath of th insurd prson in rspct of whos dath th claim for such bnfit ariss or, whr disablmnt bnfit was payabl for that dat, on th dat following th dat of dath or, whr th bnficiary bcoms ntitld to a claim on any subsqunt dat, on th dat on which h bcoms so ntitld;] 57[) for subsqunt paymnts of disablmnt bnfit for prmannt disablmnt and for subsqunt paymnt of dpndnts bnfit, th last dat of th month to which th claim rlats;] (f) for funral 58[xpnss] on th dat of th dath of th insurd prson in rspct of whos dath th claim for such bnfit ariss.
14 Availability of claim forms. 46. Claim form shall b availabl to intnding claimants from such prsons and such offics of th Corporation as it may appoint or authoris for that purpos, and shall b supplid fr of charg. Claim on wrong form. 47. Whr a claim for any bnfit has bn mad on an approvd form othr than th form appropriat to th bnfit claimd, th Corporation may trat th claim as if it was mad on th appropriat form; providd that th Corporation may in any such cas rquir th claimant to complt th appropriat form. Evidnc in support of claim. 48. Evry prson who maks a claim for any bnfit shall in addition to th mdical crtificat and othr forms spcifically rquird undr ths rgulations, furnish such othr information and vidnc for th purpos of dtrmining th claim as may b rquird by th appropriat offic, and, if rasonably so rquird, shall for that purpos attnd at such offic or plac as th appropriat offic may dirct. Dfctiv claim. 49. If, in absnc of du signatur or of du crtification, a claim is dfctiv on th dat of its rcipt by an offic of th Corporation th offic of th Corporation may in its discrtion rfr th claim to th claimant and if th form is rturnd duly signd and/or crtifid within thr months from th dat on which it was so rfrrd, th offic may trat th claim as if it had bn duly mad in th first instanc. Claim for inappropriat bnfit. 50. Whr it appars that a prson who has mad a claim for any bnfit payabl undr th Act, may b ntitld to a bnfit othr than that which h has claimd, any such claim may b tratd as a claim in th altrnativ for that othr bnfit. Authority for crtifying ligibility of claimants. 51. Th authority which is to crtify th ligibility of claimants shall b th appropriat 55a[Branch] Offic in rspct of matrnity, sicknss, tmporary disablmnt 59[bnfits and funral xpnss] and th appropriat Rgional Offic, in rspct of prmannt disablmnt and dpndnt s bnfits. 60[Bnfits whn payabl 52. (1) Any bnfit payabl undr th Act shall b paid (a) in th cas of sicknss bnfit not latr than 7 days; 61[(b) in th cas of funral xpnss not latr than 15 days;] (c) in th cas of first paymnt in rspct of matrnity bnfit not latr than 14 days; (d) in th cas of th first paymnt in rspct of Tmporary Disablmnt Bnfit not latr than on month; () in th cas of first paymnt of Prmannt Disablmnt Bnfit not latr than on month; (f) in th cas of first paymnt of Dpndnts Bnfits not latr than 3 months, aftr th claim thrfor togthr with th rlvant mdical or othr crtificats and any othr documntary vidnc which may b calld for undr ths Rgulations has bn furnishd complt in all particular to th appropriat offic.] (2) Scond and subsqunt paymnts in rspct of any matrnity, tmporary disablmnt, prmannt disablmnt or dpndnts bnfit shall b paid along with th first paymnt in rspct throf or within th calndar month following th month to th whol or part of which
15 thy rlat, whichvr is latr subjct to production of any documntary vidnc which may b rquird undr ths rgulations. (3) Whr a bnfit paymnt is not mad within th tim limits spcifid in sub-rgulations (1) and (2) abov, it shall b rportd to th 62[appropriat Rgional Offic] and shall b paid as soon as possibl. 63[(4) Bnfits undr th Act shall b paid in cash at a 55a[Branch] Offic on such days and working hours, as may b fixd by th Dirctor-Gnral, or such othr officr of th Corporation, as may b authorisd by him from tim to tim in this bhalf, or, at th option of th claimant and subjct to dduction of th cost of rmittanc, by mans of postal mony ordrs or othr ordrs payabl through a post offic, or by any othr mans, which th appropriat offic may in th circumstancs of any particular cas considr appropriat: Providd that th Corporation may waiv th dduction of th cost of rmittanc in such cass as th Dirctor-Gnral may, from tim to tim, spcify.] (5) Whr th paymnt of a bnfit is to b mad at a 55a[Branch] Offic, such offic may insist upon th production of th Idntity Card or othr documnt issud in liu throf in rspct of th insurd prson. 64[Abstntion vrification. 52A. 65[(1)] Evry mployr shall furnish to th appropriat offic such information and particulars in rspct of th abstntion of an insurd prson from work for which sicknss bnfit 66[***] or disablmnt bnfit for tmporary disablmnt, as providd undr th Act has bn claimd or paid, in Form No. 66a and within such tim as th said offic may in writing rquir in th said form.] 67[(2) Evry mployr shall furnish to th appropriat offic such information and particulars in rspct of th abstntion of an insurd woman from work for which matrnity bnfit as providd undr th Act has bn claimd or paid, in Form 66a and within such tim as th said offic may in writing rquir in th said Form.] CERTIFICATION AND CLAIMS FOR SICKNESS AND TEMPORARY DISABLEMENT Evidnc of sicknss and tmporary disablmnt. 53. Evry insurd prson, claiming sicknss bnfit or disablmnt bnfit for tmporary disablmnt, shall furnish vidnc of sicknss or tmporary disablmnt in rspct of th days of his sicknss or tmporary disablmnt by mans of a mdical crtificat givn by an Insuranc Mdical Officr in accordanc with ths rgulations in th form appropriat to th circumstancs of th cas: Providd that in aras whr arrangmnt for mdical bnfit undr th Employs Stat Insuranc Act hav not bn mad or othrwis if in its opinion th circumstancs of a particular cas so justify, th Corporation may accpt any othr vidnc of sicknss or tmporary disablmnt in th form of a crtificat issud by th mdical officr of th Stat Govrnmnt, local body or othr mdical institution, or a crtificat issud by any rgistrd mdical practitionr containing such particulars and attstd in such mannr as may b spcifid by th Dirctor-Gnral in this bhalf. Prsons comptnt to issu mdical crtificat. 54. No mdical crtificat undr ths rgulations shall b issud xcpt by th Insuranc Mdical Officr to whom an insurd prson has bn allottd or by an Insuranc Mdical Officr attachd to a dispnsary, hospital, clinic or othr institution to which and insurd prson is allottd and such Insuranc Mdical Officr shall xamin and if in his opinion th condition of th insurd prson so justifis, issu to such insurd prson fr of charg, any mdical crtificats rasonably rquird by such insurd prson undr or for th purposs of th Act or any othr nactmnt or ths rgulations:
16 Providd that an Insuranc Mdical Officr may issu a mdical crtificat undr ths rgulations to a insurd prson who is not allottd to him or to th dispnsary, hospital, clinic or othr institution to which h is attachd, if such officr is satisfid that in th circumstancs of any particular cas th insurd prson cannot rasonably b xpctd to gt mdical bnfit from th Insuranc Mdical Officr or th dispnsary, hospital, clinic or othr institution to which such insurd prson has bn allottd; and such crtificat shall also b issud fr of charg : Providd furthr that an insurd prson shall not b grantd a mdical crtificat unlss h producs to th Insuranc Mdical Officr his Idntity Card or such othr Documnts as undr ths rgulations, may hav bn issud in liu throf. Mdical crtificat. 55. Th appropriat form of a mdical crtificat shall b filld in ink or othrwis as may b spcifid by th Dirctor-Gnral by th Insuranc Mdical Officr in his own handwriting and shall contain a concis statmnt of th disas or disablmnt which in th opinion of th Insuranc Mdical Officr ncssitats abstntion from work on mdical grounds or rndrs th prson tmporarily incapabl of work. Th statmnt of th disas or disablmnt in th mdical crtificat shall spcify th natur throf as prcisly as th Insuranc Mdical Officr s knowldg of th condition of th insurd prson at th tim of th xamination prmits. Tim of granting mdical crtificat. 56. (a) An Insuranc Mdical Officr shall giv th mdical crtificat to an insurd prson at th tim of th xamination to which it rlats; whr h is prvntd from so doing h shall snd th crtificat to th insurd prson within twnty-four hours thraftr. (b) No furthr mdical crtificat rlating to th sam xamination shall b issud, xcpt whr a duplicat of such crtificat is rquird, in which cas it shall b issud fr of charg and clarly markd Duplicat. 68[Mdical crtificat on first xamination. 57. Whr th xamination is th first xamination in rspct of a spll of sicknss or a spll of tmporary disablmnt, th mdical crtificat shall b in th form of a first crtificat (Form 68a) and shall b only in rspct of th dat of xamination: 69[Providd that whr th insurd prson, who nds abstntion from work on th day of xamination, stats that h has bn actually sick or tmporarily disabld on a day arlir than th dat of his first xamination, th Insuranc Mdical Officr may, if h is satisfid as to th truth of th statmnt that th insurd prson was unabl to prsnt himslf for mdical xamination arlir for rasons byond his control, crtify incapacity for work on th dat prcding th dat of xamination:] Providd 69[furthr] that whr in th opinion of th Insuranc Mdical Officr, th insurd prson is likly to bcom fit to rsum work on a dat not latr than th third day aftr th dat of th xamination, th first crtificat may b issud in rspct of th ntir spll of sicknss or tmporary disablmnt, and, in such a cas, it shall spcify th dat on which th insurd prson will, in his opinion, b fit to rsum work; such a crtificat shall, notwithstanding anything containd in th rgulations, b also tratd as a final crtificat.] Final mdical crtificat. 58. If at th dat of th xamination to which a mdical crtificat othr than a first crtificat rlats, th insurd prson in th opinion of th Insuranc Mdical Officr is, or will bcom on a dat not latr than th third day aftr that dat, fit to rsum work, that crtificat shall b in th form of a final crtificat (Form 68a). Intrmdiat crtificat.
17 59. If th final crtificat is not issud within svn days of th dat of th first crtificat, an insurd prson shall, xcpt whr th cas is covrd by rgulation 61, submit crtificats in th form of intrmdiat crtificats (Form 68a) at intrvals of not mor than svn days ach, commncing from th dat of th first crtificat. Final mdical crtificat bfor commncing work for wags. 60. Evry insurd prson shall obtain a mdical crtificat in th form of a final crtificat bfor h taks up any work for wags. Intrmdiat crtificat for a longr priod 70[***]. 61. Whn tmporary disablmnt 71[or sicknss] has continud for not lss than twnty-ight days and th Insuranc Mdical Officr is satisfid that such disablmnt 71[or sicknss] is likly to continu for a long priod and that, owing to th natur of th disablmnt 71[or sicknss] xamination and tratmnt at intrvals of mor than on wk will b sufficint, th insurd prson may, unlss othrwis dirctd by th appropriat offic, furnish mdical crtificats in th form of spcial intrmdiat crtificats (Form 71a) at intrvals of such longr priods not xcding four wks as may b spcifid by th Insuranc Mdical Officr. 62. [***] Form of claim for sicknss or tmporary disablmnt. 63. An insurd prson intnding to claim sicknss bnfit or disablmnt bnfit for tmporary disablmnt shall submit to th appropriat 55a[Branch] Offic by post or othrwis, a claim for bnfit in on of th 71a[Form 9] appropriat to th circumstancs of th cas togthr with th appropriat mdical crtificat: 72[Providd that whr only on claim in 71a[Form 9] is submittd in rspct of mor than on crtificats, such 71a[Form 9] shall b dmd to b appropriat to all such crtificats.] Failur to submit mdical crtificat. 64. If a prson who intnds to claim sicknss bnfit or disablmnt bnfit for tmporary disablmnt fails to submit to th appropriat 55a[Branch] Offic by post or othrwis th first mdical crtificat or any subsqunt mdical crtificat within a priod of thr days from th dat of issu of such crtificat h shall not b ligibl for that bnfit in rspct of any priod (i) in th cas of a first crtificat, mor than thr days bfor th dat on which th crtificat is submittd to th appropriat 55a[Branch] Offic; (ii) in th cas of a subsqunt crtificat, mor than fourtn days bfor th dat on which such subsqunt crtificat is submittd to th appropriat 55a[Branch] Offic : 73[Providd that th appropriat Rgional Offic 73[or othr offic as authorisd by th Dirctor- Gnral] may rlax all or any of th provisions of this rgulation in any particular cas, if it is satisfid that th dlay in submitting a crtificat was du to bona fid rasons.] DISABLEMENT BENEFIT Notic of accidnt. 65. (i) Evry insurd prson who sustains prsonal injury causd by accidnt arising out of and in th cours of his mploymnt in a factory or stablishmnt shall giv notic of such injury ithr in writing or orally, as soon as practicabl aftr th happning of th accidnt: Providd that any such notic rquird to b givn by an insurd prson may b givn by som othr prson acting on his bhalf. 74[Explanation : No such notic shall b rquird to b givn by an insurd prson if an mploymnt injury is causd by any Occupational Disas spcifid in Schdul III to th Workmn s Compnsation Act, 1923.]
18 (ii) Evry such notic shall b givn to th mployr or to a forman or to othr official undr whos suprvision th insurd prson is mployd at th tim of th accidnt or any othr prson dsignatd for th purpos by th mployr and shall contain th appropriat particulars. (iii) Any ntry of th appropriat particulars of th accidnt mad in a book kpt for that purpos in accordanc with th nxt following rgulation shall, if mad as soon as practicabl aftr th happning of th accidnt by th insurd prson or by som othr prson acting on his bhalf, b sufficint notic of th accidnt for th purposs of ths rgulations. (iv) In this rgulation and th nxt following rgulation, th xprssion appropriat particulars mans th particulars indicatd blow (a) full nam, insuranc numbr, sx, ag, addrss, occupation, dpartmnt and shift of th injurd prson; (b) dat and tim of accidnt; (c) plac whr accidnt happnd; (d) caus and natur of injury; () nam, addrss and occupation of th prson giving th notic, if h is othr than th injurd prson; (f) a statmnt of what xactly th injurd prson was doing at th tim of injury; (g) nam, addrsss and occupation of two prsons who wr prsnt at th spot whn accidnt happnd; and (h) rmarks, if any. Maintnanc of accidnt book. 66. Evry mployr shall (i) kp a book radily accssibl (hrinaftr calld th Accidnt Book ) in Form 74a, in which th appropriat particulars of any accidnt causing prsonal injury to an insurd prson may b ntrd; (ii) Prsrv vry such book whn it is compltd for a priod of fiv yars from th dat of th last ntry thron: 75[Providd that it shall not b ncssary to ntr in th said Accidnt Book particulars of any mploymnt injury causd by an Occupational Disas spcifid in Schdul III to th Workmn s Compnsation Act, 1923.] Notic othrwis than by an ntry in accidnt book. 67. If notic of an mploymnt injury undr rgulation 65 is givn othrwis than by an ntry in th Accidnt Book it shall b th duty of th mployr or any othr prson to whom such notic is givn undr that rgulation to mak an appropriat ntry in th book in rspct of th accidnt to which th notic rlats immdiatly aftr such notic is rcivd, and whr th notic is rcivd othrwis than in writing, rad ovr th particulars to th prson who givs th notic and obtains his signatur or thumb-imprssion on th Accidnt Book. Rport of accidnt by an mployr. 68. Evry mployr shall snd a rport in Form 75a to th narst 55a[Branch] Offic and to th narst Insuranc Mdical Officr (i) immdiatly if th injury is srious, i.., it is likly to caus dath or prmannt disablmnt or loss of a mmbr; and (ii) in any othr cas within 24 hours aftr th rcipt of th notic undr rgulation 65 or of th tim whn th accidnt cam to th notic of th mployr or of a forman or othr official undr whos suprvision th insurd prson was mployd at th tim of th accidnt or any othr prson dsignatd for th purpos by th mployr: Providd that in cas of a srious injury, and particularly whn th injury rsults in dath at th plac of mploymnt, th rport to th Insuranc Mdical Officr and th 55a[Branch]
19 Officr shall b snt through a spcial mssngr, or othrwis, as spdily as may b practicabl undr th circumstancs: Providd furthr that whr a rport of th accidnt is mad by th mployr undr th Factoris Act, 1948, th rport to th 55a[Branch] Offic and to th Insuranc Mdical Officr may b mad in th sam form as is prscribd undr th Factoris Act, 1948, providd that all th additional information rquird undr Form 75b is addd thrto: 76[Providd furthr that it shall not b ncssary for th mployr to snd a rport in Form 75b if an mploymnt injury is causd by any Occupational Disas spcifid in Schdul III to th Workmn s Compnsation Act, 1923; but th mployr shall furnish on dmand to th appropriat 55a[Branch] Offic, within such rasonabl priod as may b spcifid, such information and particulars as shall b rquird of th natur of and othr rlvant circumstancs rlating to any mploymnt spcifid in Schdul III to th Workmn s Compnsation Act, 1923.] Employr to arrang first aid. 69. Evry mployr shall arrang for such first aid and mdical car and transport for obtaining such aid and car as th circumstancs of th accidnt may rquir till th injurd prson is sn by th Insuranc Mdical Officr and such mployr shall b ntitld to rimbursmnt in rspct of xpnss thrby incurrd by him but not xcding such scal of xpnss as may b spcifid by th Corporation from tim to tim: Providd that if th mployr is rquird to provid such mdical aid fr of charg undr any othr nactmnt, h shall not b ntitld to any rimbursmnt of xpnss. Employr to furnish furthr particulars of accidnt. 70. Evry mployr shall furnish to th appropriat offic such furthr information and particulars of an accidnt and within such tim as th said offic may, in writing, rquir. Dirctions by th Corporation. 71. Evry claimant for and vry bnficiary in rcipt of disablmnt bnfit shall comply with vry dirction givn to him by th appropriat Rgional Offic which rquirs him ithr (i) to submit himslf to a mdical xamination by such mdical authority as may b appointd by that offic for th purpos of dtrmining th ffct of th rlvant mploymnt injury or th tratmnt appropriat to th rlvant injury or loss of faculty, or (ii) to attnd any vocational training courss or industrial rhabilitation courss providd by any institution maintaind by any Govrnmnt, local authority or any public or privat body, rcognisd for th purpos by th Corporation and considrd appropriat by it in his cas. Rfrnc to a Mdical Board. 72. A rfrnc to th Mdical Board may b mad 77[(a) at any tim not latr than twlv months, in cass whr claim for tmporary disablmnt bnfit is mad for an mploymnt injury, from th dat of th final crtificat issud in rspct of th spll of tmporary disablmnt commncing on or immdiatly aftr th day of th occurrnc of that injury, or from th dat of th occurrnc of an mploymnt injury in cass whr tmporary disablmnt bnfit not having bn claimd claim for prmannt disablmnt is mad on th basis throf, by th appropriat Rgional Offic at th instanc of th disabld prson or th mployr or any rcognisd mploy s union: Providd that such rfrnc may b mad by th appropriat Rgional Offic aftr th xpiry of th priod prscribd as aforsaid if it is satisfid that th applicant was prvntd by sufficint caus from applying for th making of th rfrnc in tim: Providd furthr that in th vnt of th claim for Tmporary Disablmnt Bnfit bing rjctd by th Corporation but aftrwards grantd by th Employs Insuranc Court in rspct of injuris rsultd in Prmannt disablmnt, th limit of 12 months will apply
20 from th dat of th ordr of th Employs Insuranc Court granting th claim of th insurd prson for Tmporary Disablmnt Bnfit, or] (b) by th Corporation, (i) at any tim, on th rcommndation of an Insuranc Mdical Officr, and (ii) on its own initiativ, aftr th xpiry of th priod of twnty-ight days from th first dat on which th claimant was rndrd incapabl of work by th rlvant mploymnt injury. Rport of Mdical Board. 73. Th Mdical Board shall aftr xamining th disabld prson snd its dcision on such form as may b spcifid by th Dirctor-Gnral, to th appropriat Rgional Offic. Th disabld prson shall b informd in writing of th dcision of th Mdical Board and th bnfit, if any, to which th disabld prson shall b ntitld. Occupational Disas. 74. Any qustion whthr an mploymnt injury is causd by an Occupational Disas spcifid in th Third Schdul to th Act shall b dtrmind by a Spcial Mdical Board which shall xamin th disabld prson and snd a rport in such form as may b prscribd by th Dirctor Gnral in this bhalf to th appropriat Rgional Offic stating : (a) whthr th disabld prson is suffring from on or mor of th disass spcifid in th said schdul; (b) whthr th rlvant disas has rsultd in prmannt disablmnt; (c) whthr th xtnt of loss of arning capacity can b assssd provisionally or finally; (d) th assssmnt of th proportion of loss of arning capacity and in cas of provisional assssmnt, th priod for which such assssmnt shall hold good. All assssmnts which ar provisional may b rfrrd to th Spcial Mdical Board for rviw by th appropriat Rgional Offic not latr than th nd of th priod takn into account by th provisional assssmnt. Any dcision of th Spcial Mdical Board may b rviwd by it at any tim. Th disabld prson shall b informd in writing of th dcision of th Spcial Mdical Board by th appropriat Rgional Offic and th bnfit, if any, to which th insurd prson shall b ntitld. 78[Constitution of Mdical Board/Spcial Mdical Boards. 75. Mdical Boards for th purposs of th Act and th Spcial Mdical Boards for th purposs of rgulation 74 shall b constitutd by th Corporation and whr it so dsirs it may approach th Stat Govrnmnt for stting up th sam and shall consist of such prsons, hav such jurisdiction and follow such procdur as th Dirctor-Gnral may from tim to tim dcid.] 79[Appal Tribunals. 76. For th purposs of rgulation 74, an Appal Tribunal shall b constitutd by th Stat Govrnmnt and shall consist of a judicial officr of th Stat Govrnmnt bing a prson othr than th judg of an Employs Insuranc Court, who shall b assistd by th following prsons to b slctd by him as assssors : (a) On or mor mdical xprts; (b) On or mor official of or mmbrs of Trad Union or Unions.] 80[81[Submission of claims for prmannt disablmnt bnfit.] 76A. An insurd prson who has bn dclard to b prmanntly disabld by a Mdical Board or by an Appal Tribunal shall submit by post or othrwis, to th appropriat 55a[Branch] Offic