EMPLOYEES’ STATE INSURANCE ACT, 1948 [34 OF 1948] :
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:
It is hereby enacted as follows :—
Short title, extent, commencement and application.
1. (1) This act may be called the Employees’ State Insurance Act, 1948.
(2) It extends to [the whole of India] [***] .
(3) 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 appointed for different provisions of this Act and [for different States or for different parts thereof].
(4) It shall apply, in the first instance, to all factories (including factories belonging to the [Government] other than seasonal factories :
[Provided that nothing contained in this sub-section shall apply to a factory or establishment belonging to or under the control of the Government whose employees are otherwise in receipt of benefits substantially similar or superior to the benefits provided under this Act.]
(5) 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] months’ notice of its intention of so doing by notification in the Official Gazette, extend the provision of this Act or any of them, to any other establishment or class of establishments, industrial, commercial, agriculture or otherwise:
[Provided that where the provisions of this Act have been brought into force in any part of a State, the said provisions shall stand extended to any such establishment or class of establishments within that part if the provisions have already been extended to similar establishment or class of establishments in another part of that State.]