The Employees' State Insurance Act, 1948 provides an integrated social insurance scheme that protect the interest of workers in contingencies such as sickness, maternity, temporary or permanent physical disablement, injury resulting in loss of wages or earning capacity, death while or due to employment. The Act also guarantees reasonable and good medical care to workers and their immediate dependants.


The Employees' State Insurance Act was enacted by the Parliament of India in the year 1948. It was the first major legislation on Social Security in independent India to provide certain benefits to the employees in the organised sector in case of sickness, maternity and employment injury

The subject of health insurance for industrial workers was first discussed in 1927 by the Indian Legislature, when the applicability of the Conventions adopted by the International Labour Conference was considered by the Government of India. The Royal Commission on Labour, in its report of 1931, stressed the need for health insurance for workers in India. One of the earlier decisions of the Labour Ministers' Conferences between 1940 and 1942 was to invite an expert to frame a scheme of health insurance for workers.

In pursuance thereof, the responsibility for preparing a detailed scheme of health insurance for industrial workers was entrusted in March 1943 to health insurance for industrial workers was entrusted in March 1943 to Prof. B.P. Adarkar who submitted his report in December 1944. This was considered by the Government of India and State governments as well as other interested parties.

The Adarkar Plan and various other suggestions emerged finally in the form of Workmen's State Insurance Bill, 1946, which was then referred to a Select Committee in November 12, 1947. The Select Committee extended the coverage to all the employees in factories, and changed its name from Workmen's State Insurance Bill to Employees' State Insurance Bill. The Employees' State Insurance Act came into force from 19th April, 1948.

The Central Government established a Corporation to be known as the 'Employees' State Insurance Corporation is the premier social security organisation in the country. It is the highest policy making and decision taking authority under the ESI Act and oversees the functioning of the ESI Scheme under the ESI Act.

For the administration of the of Employees' State Insurance scheme , the Employees' State Insurance Corporation Standing Committee and Medical Benefit Council have been constituted. Further, ESI Fund has been created which is held and administered by ESI Corporation through its executive committee called Standing Committee with the assistance, advice and expertise of Medical Council and Regional and Local Boards and Committees.

The Corporation has its headquarters at New Delhi, besides regional offices/sub regional offices in the States and more than 800 local offices throughout the country. While the administration of the Scheme, including coverage, collection of contribution, disbursement of cash benefits, etc. are under the Corporation, the extension of medical care is administered by the respective State Governments on a cost sharing basis.


The Employees' State Insurance Act, 1948 provides for certain benefits to employees in case of sickness, maternity and employment injury and also makes provisions for certain other matters in relation thereto. The Act has been amended by the Employees' State Insurance (Amendment) Act, 2010 for enhancing the Social Security Coverage, streamlining the procedure for assessment of dues and for providing better services to the beneficiaries.

The Act extends to the whole of India. The Central Government is empowered to 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. The Act applies in the first instance to all factories except seasonal factories. Act also applies 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 the Act. Section 1(5) 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 Gazettee. However, this can be done by the appropriate Government, only in consultation with the Employees' State Insurance Corporation set up under the Act and, where the appropriate Government is a State Government, it can extend the provisions of the Act with the approval of the Central Government.

Under these enacting provisions, the Act has been extended by many State Governments to shops, hotels, restaurants, cinemas, including preview theatres, newspaper establishments, road transport undertakings, etc., employing 20 or more persons. It is not sufficient that 20 persons are employed in the shop. They should be employee as per Section 2(9) of the Act, getting the wages prescribed therein
ESIC v. M.M. Suri &Associates Pvt. Ltd., 1999 LAB IC SC 956

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 therein at any time falls below the limit specified by or under the Act or the manufacturing process therein ceases to be carried on with the aid of power. The coverage under the Act is at present restricted to employees drawing wages not exceeding
15,000 per month.


The ESI Scheme is a comprehensive social security scheme devised to protect the employees covered under the Scheme against financial distress arising out of events of sickness, maternity, disablement/death due to employment injuries and to provide medical care to the employees and their families. The Scheme is based on the principle of ‘pooling of risks and
resources’, wherein that section of the population which is exposed to risks of the same nature, come together to mitigate the physical and financial distress arising out of such risks.

The employers play a major role in the functioning of the Scheme, through registration of its employees, remittance of contribution and through compliance with the provisions of the Act. This guide is meant to be a reference booklet for the covered and coverable employers, whose role is pivotal for the success of the Scheme.


a) All Factories/Shop Employing
10 or more
persons whether they are run by Power or without Power (w.e.f. 1st June, 2010)

b) Shop Employing
20 or more persons for Maharashtra, Assam, H.P. & U.P.

c) The existing wage-limit for coverage under the Act, is 15,000/- per month, excluding overtime wages. (with effect from

d) Disabled Employees wage limit for coverage under the Act, is 25000/- per month, Insurance Number is to be taken from respective branch office.

e) Any Establishment which the State Government may specifically notify as being covered.

f) Certain States like Delhi, Punjab, Karnataka, Andhra Pradesh ESIC Applicable on 10 employees to different industries. (School, Hospitals, etc.)


As soon as the above conditions are fulfilled the employer should furnish the details in Form- 01 to ESIC office for registration under the ESI Act, 1948 & Obtaining of the Company’s Code Number.

Employer Registration under the Act

Any employer who becomes coverable under the Act can register online (www.esic.in) and get registered. While registering online, the employer has to give correct and complete details. Once registered, the employer will be allotted a 17 digit employer code. Except for employers who supply manpower, all the employers can proceed with the compliance under the Act, without even visiting the ESI offices, like registering the employees employed, filing periodical returns, etc. That can be done online.

The employer who is already registered under the ESI Act need not apply for registration afresh in respect of its branch offices located in different locations of the country. Instead of that, the employer can get a sub-code generated in respect of its branch offices by online, so as to comply with the provisions of the Act. Sub-codes need to be generated only in respect of offices located outside the jurisdiction of the Regional Office / Sub-Regional Office in which the main office is located. In other words, if the branch office is located in the same State in which the main office is also located, a separate sub-code need not be generated for the branch office; the branch can comply under the main code itself.


The Scheme is funded by the contributions raised from the employees and employers of the covered employers. The rates of contribution, as a percentage of wages paid/payable to the employees, are as under:

Employees’contribution – 1.75% of the wages Employers’ contribution
– 4.75% of the wages

Thus, in respect of each of the employee, 6.50% of the wages (including overtime allowance) is to be paid as contribution to Scheme. The Scheme does not receive any budgetary support from the Government. The State Governments, as per the provisions of the Act, contribute 12.5% of expenditure on medical care on ESI beneficiaries in their respective States within the per capita ceiling.

Only those of the employees whose monthly remuneration, excluding overtime wages, does not exceed 15,000 per month are entitled for coverage under the Scheme, the employer need to register those employees alone. However, for the purpose of coverage under the Scheme, i.e., whether the employer has employed ten or more employees, all employees employed by the employer, irrespective of the salary are considered.

In respect of employees whose average daily wages is less than 100 per day, the
employee’s share need not be paid. However, the employer’s share (4.75% of the wages) need to be paid.

Online Registration of Employees

All employees, including casual labour, temporary employees, employees employed through contractors (outsourced) etc. have to be registered by the employer.

The organisation which utilises the services of the contract employees need not register these employees under the Scheme, if they are already registered by the contractor. However, as
the principal employer, that organisation would be responsible for the remittance of contribution in respect of such employees by the contractor under the ESI Act. So, the organisation employing outsourced employees should ensure that the contractor through whom these employees are employed is complying under the provisions of the Act.

The employees who are being registered under the Scheme afresh, an insurance number is allotted and a Temporary Identity Card (TIC) is generated; this TIC is valid for a period of 3 months from the date of registration, in this period the employee has to enrol for the Pehchan card (Bio-Metric card). In case of employees who are already registered, their name would be linked to the current employer, which can be checked in the employer’s portal as well as the employees’ portal.

Benefit of the ESI scheme to the employer

The benefit availed by employer under the Scheme are as follows:

a) No expenditure to be incurred towards administration of medical care to the employees/their dependants.

b) No requirement for medical insurance policy as all medical facilities, including Super speciality treatment is extended to the beneficiaries, without any ceiling on expenses.

c) Employers are exempted from the provisions of/liabilities under:

i) Maternity Benefit Act

ii) Employees’ Compensation Act

Benefit of the ESI scheme to the employees








I.P. Should work for wages for 78 No. of days in the corresponding C.P. (w.e.f. 19-9-1998)

91 Days Cash Benefits within Two Benefits Periods

70% of S.B.R.

Only to the insured person

(b) Extended sickness benefit for specified long -term diseases like TB, Leprosy etc.

In Insurable employment for at least two years should pay contribution for minimum of 156 days in the preceding 4 C.P’s

309 days duration has been extended beyond 400 days (91 days S.B. plus 309 days E.S.B.) to two years in deserving cases

80% more than the S.B.R.

Only to the insured person

(c) Enhanced sickness Benefit (for undergoing sterilisation operation for family Planning)

Same as for sickness benefit at (a) above

7 days for vasectomy & 14 days for tubectomy extended in cases of post-operative complications etc.


Only to the insured person

2. Disablement benefit (employment injury)

No Condition

In case of temp disablement: as long as incapacity lasts & in case of permanent disablement: for life time.

(a) For Temporary Disablement, 90% of S.B.R.

Only to insured person

– Where more injuries than one are caused by the same accident, the rate of benefit payable under clauses (c) & (d) shall be aggregated but not so in any case as to exceed the FULL RATE and in cases of disablement not covered by clauses (a), (b), (c) & (d) at such rate, not exceeding the FULL RATE, as may be provided in the regulations.

(b) For permanent Total Disablement specific in Parts 1 to 2 schedule at the 90% of S.B.R.

(c) For permanent partial disablement resulting from an injury specific in Part II of the 2nd Schedule at such %age of the Full Rate as specific in the said Schedule as being the %age of the loss of earning capacity caused by the injury.

(d) For permanent partial disablement resulting from an injury not specified in Part II of the 2nd Schedule at such %age of the Full Rate payable in the case of Permanent Total Disablement as in Proportionate to the loss of earning capacity permanently caused by the injury.

3. Dependent’s Benefit (employment injury)

No Conditions

1. To the widow/s during life time until remarriage.

2. To the widowed Mother

To the legitimate or adopted SON/S until he attains the age of 25 yrs. (w.e.f. 1st June, 2010)

3/5th of FULL RATE, if there are 2 or more widows, the amount payable to the widow shall be divided equally between the widows.

2/5th of the FULL RATE, if there are 2 or more sons, the amount payable to the son shall be divided equally between the sons.

Subject to min. of ₹ 14/-.

To the legitimate or adopted unmarried daughter/s until she attains the age of 25 yrs. (w.e.f. 1st June 2010) or until marriage, whichever is earlier


(in case the deceased person does not leave a widow or legitimate or adopted child. D.B. shall be payable to …..

3/10th of the FULL RATE

2/10th of the FULL RATE

a) Parent or grandparent, for a life.

b) Any other male dependent, until he attains the age of 18 yrs.

c) Any other female dependent, until she attains the age of 18 yrs. or until marriage whichever is earlier.


NB:- An insured person whose PERMANENT DISABLEMENT has been assessed as final and who has been awarded permanent disablement benefit at a rate not exceeding ₹ 5/- per day may apply for a lump-sum payment and such amount shall be determined by multiplying the daily rate of permanent disablement benefit by the figure indicated in Col. 2 of the Schedule III of the Regulations.

4. Maternity Benefit

Payment of contribution for 70 days in one or two consecutive periods

12 weeks of which not more than the 6 weeks can precede the expected date of confinement.

6 weeks for miscarriage or for medical termination of pregnancy. Additional payment for one month for complications (pre or post) arising out of pregnancy.

100% of average daily wages; subject to min. of ₹ 25/-per day.

Medical bonus of ₹ 5,000/- per confinement w.e.f. 1-10-2013 where ESI hospital facility is not availed for child delivery

Only to the Insured Person.

To insured woman or in r/o wife of I.P.

5. Medical Benefit

No Condition

From the date of entry of an employee into an insurable employment as long as he remains insurable employment and thereafter for certain additional period

Full Medical care including hospitalisation

Person as well as his/ her family Members as defined u/s. 2(11) of the Act

6. Funeral Expenses

No conditions (i.e. merely by virtue of being an insured person)

One time lumpsum payment

Not more than Rs. 10,000/- (w.e.f. 01/04/2011)

To the eldest surviving member of the family of the deceased I.P. or to the person who actually incurs the expenditure on the funeral of an I.P.

7. Rehabilitation Allowance

No Condition

For each day of which I.P. remains admitted in Artificial Limb Centre for fixation repair or replacement of artificial limb

Double the standard sickness benefit rate but not less than full wages

Only to the I.P.

8. Medical benefit to insured persons who ceases insurable employment on account of permanent disablement

No conditions but an I.P. has to pay ₹ 10/- pm in Lump-sum for one year in advance every year i.e. ₹ 120/-

Till the date on which an I.P. would have attained the age of superannuation


Medical Benefit to IP and spouse

9. Medical Benefit to retired insured Period (Old Age Medical Care)

1) Insurable employment for a period of 5 years &

2) In case of permanent physical disablement during the course of insurable employment

3) Payment of Contribution @ ₹ 10/- pm in lump Sum for one year in advance, each year. ₹ 120/-

Till the time yearly contribution is paid to the concerned office of the corporation


Insured person and his spouse


Now it has added the benefit for workers for the accidents happening while commuting to the place of work and vice versa; (w.e.f. 1st June, 2010)

Unemployment Allowance (Rajiv Gandhi Shramik Kalyan Yojana)

Unemployment Allowance is payable to those workers facing involuntary unemployment due to closure of factory/establishment; retrenchment or permanent invalidity arising out of non-employment injury. The daily rate of unemployment allowance is at par with the standard sickness benefits rate. Which is just above 50% of the average daily wages. This allowance is payable for a maximum period of 12 months either in one spell or in different spells of not less than one month’s duration the insured persons eligibility condition has now been relaxed to three years from earlier five years, for being able to avail the unemployment allowance. Medical Care also provided during this period.

To avail this benefit the insured person should have been entitled for sickness benefit during the last four contribution periods immediately preceding the date of unemployment

Supply of special aids:
Insured persons and members of their families are provided artificial limbs, hearing aids, artificial dentures, spectacles (for insured person only) & artificial appliances like spinal supports, cervical collars, walking callipers, crutches, wheel chairs and cardiac pace makers, dialysis/dialysis with kidney transplant etc. as part of medical care under the ESI scheme.




1st April to 30th September

1st January to 30th June

11th November

1st October to 31st March

1st July to 31st December

12th May

Obligations of Employers

1. The employer should get his factory or establishments registered with the E.S.I. Corporation within 15 days after the Act becomes applicable to it, and obtain the employers Code Number.

2. The employer should obtain the declaration form from the employees covered under the Act and submit the same along with the return of declaration forms, to the E.S.I. office. He should arrange for the allotment of Insurance Numbers to the employees and their Identity Cards.

3. The employer should deposit the employees and his own contributions to the E.S.I. Account in the prescribed manner, whether he has sufficient resources or not, his liability under the Act cannot be disputed. He cannot justify non-payment of E.S.I. contribution due to non-availability of finance.

4. The employer should furnish a Return of Contribution along with the challans of monthly payment, within 30 days of the end of each contribution period.

5. The employer should not reduce the wages of an employee on account of the contribution payable by him (employer).

6. The employer should cause to be maintained the prescribed records/registers namely the register of employees, the inspection book and the accident book.

7. The employer should report to the E.S.I. authorities of any accident in the place of employment, within 24 hours or immediately in case of serious or fatal accidents. He should make arrangements for first aid and transportation of the employee to the hospital. He should also furnish to the authorities such further information and particulars of an accident as may be required.

8. The employer should inform the local office and the nearest E.S.I. dispensary/hospital, in case of death of any employee, immediately.

9. The employer must not put to work any sick employee and allow him leave, if he has been issued the prescribed certificate.

10. The employer should not dismiss or discharge any employee during the period he/she is in receipt of sickness/maternity/temporary disablement benefit, or is under medical treatment, or is absent from work as a result of illness duly certified or due to pregnancy or confinement.

New Amendment passed by Parliament

U/s. 45 AA of ESI Act:

• Sec. 45AA. If an employer is not satisfied with the order referred u/s. 45A, he may prefer an appeal to an appellate authority within 60 days of such order after depositing 25% of actual amount due, whichever is applicable.

• Provided that if employer finally succeeds in the appeal, the Corporation shall refund such deposit to the employer together with such interest as specified in the regulation

Employees Insurance Court

• Any dispute arising under the ESI Act will be decided by the Employees Insurance Court and not by a Civil Court. It is constituted by the State Government for such local areas as may be specified and consists of such number of judges, as the Government may think fit.

Penal Provisions

Offences and Penalties



1) Whoever, knowingly makes any false statement or representation for the purpose of (a) claiming or increasing any benefit or payment allowable to him, or (b) avoiding any payment payable by him

Imprisonment up to 6 months or fine up to
2,000/- or both

2) a) Failure to pay
employees’ contributions deducted from their wages

Imprisonment up to 3 years (minimum one year) and fine of 10,000/-

b) Failure to pay contributions

Imprisonment up to 3 years (minimum 6 months) and fine of 5000/-

c) Deduction of any sum from or reduces wages of an employee on account, of employers contribution

Imprisonment up to one year or fine up to
4000/- or both

d) Reduction of the wages or any privilege or benefits admissible to an employee in contravention of section 72

Same as above

e) Dismissal/discharge of an employee in contravention of Section 73

Same as above

f) Failure to submit any return or submission of false return

Same as above

g) Obstruction of any inspector in allowing him to discharge his duties

Same as above

h) Contravention of any other provision of the Act, rules or regulations

Same as above

3) On every subsequent offence committed after conviction for the same offence being so mentioned at 2(a) or (b) above

Imprisonment up to 5 years (minimum 2 years) and fine of 25000

4) On every subsequent offence committed after conviction for the same offence being any other offence

Imprisonment up to 2 years and fine of 5000/-


Different punishment have been prescribed for different types of offences in terms of Section 85: (I) (Six months imprisonment and fine), and 85-A: (five years imprisonment and not less than 2 years) and 85 C (2) of the ESI Act, which are self explanatory. Besides these provisions, action also can be taken under Section 406 of the IPC in cases where an employer deducts contributions from the wages of his employees but does not pay the same to the Corporation which amounts to criminal breach of trust.

Provision for non-payment

For employees’ contribution : Imprisonment for 1 yr. to max. 3 yrs. and/or fine of 10,000/-

For employers’ contribution : Imprisonment for 6 months to max 3 yrs. And/or fine of 5,000/-

Employees Insurance Court

A dispute arising under the Act shall be decided by the Employees’ Insurance Court and not by a civil court. The Employees’ Insurance court shall be constituted by the State Government for such local areas as may be specified and consisting of such number of judges as the Government may think fit.

Conditions for Admission of Certain Disputes

No matter which is in dispute between an employee and the ESI Corporation in respect of any contribution or any other dues shall be admitted unless the employer deposits with the court @ 50% of the amounts due from him as claimed by the Corporation.

The court may, however waive or reduce the amount to be deposited for reasons to be recorded in writing.


An appeal shall made to the High Court against an order of an
Employees’ Insurance Court, if it involves a substantial questions of law. The appeal should be preferred within 60 days.


Cash benefits payable under the Employees’ State Insurance Act are not liable to attachment or sale in execution of any court decree or order. Also, the right to receive any benefit is not transferable or assignable.

Where a dispute arises under the provisions of the Act, that matter has to be decided by the
Employees’ Insurance Court and not by civil court. An appeal will lie to the High Court from an order of the
Employees’ Insurance Court if it involves a substantial question of law. The period of limitation for appeal is 60 days. The delay can be condoned for sufficient reasons.

• Any arrears payment for past period paid to employees on that amount ESIC Contribution is not payable

For example: – In month of April 2012 a particular employee is earning salary/ wages
14000/- per month; but management has decided to increase the salary of that employee from
14,000/- per month of
16,000/- in month of August 2012 w.e.f. 1st April 2012, so in this case the company will pay arrears dues for the month of April, May, June, July, i.e.
2,000/- per month for 4 months i.e.
8,000/- on this arrears amount ESIC contribution is not payable, but in month of August 2012 Salary / Wages
16,000/- on that amount ESIC Contribution is payable till completion of Contribution period i.e. till September 2012

Notifications issued by different State / UT Governments under Section 1(5) of ESI Act, 1948 reducing threshold of coverage to 10 persons in their respective States / UTs.


Sr. No.

Name of State Govt./ UT

Gazette Notification No. & Date



Andhra Pradesh

178, Part-1, Extraordinary dated



No.F.21 (71) – LAB / ENF / ESI / 08 / 5740-43 dated 20-7-2011



No. ACS-01 / Ni-73 / 2010-65 dated 19-1-2011



No.12, F-10-28/2010/16 dated 4-3-2011*

Except Medical Institutions



Vol. LIII, Extraordinary No. GHR
– 2012-04-ESI -18-2011688529-M(3) dated 3-1-2012

Except Medical & Educational Institutions.



No. 10 / 162 / 2010. 5lab dated 6-9-2011


Jammu & Kashmir

SRO 80 dated 5-3-2012



133 Extraordinary No. 1653 dated



No. LD 323 LSI 2010 dated 16-3-2011



Vol. LVI SRO No.425/2011 dated


New Delhi

501, Extraordinary Part-II – Section-3-sub-section (ii) S.O.616 (E) dated



No. SS-II-SC-42/2011/7752/LE dated 24-8-2011



25 No. 7237 / Lab / K / 2010 dated 2-6-2011

Except Medical institutions.



Extraordinary No. 8/50/10-4HB4 / 2192 dated 14-7-2011.



Extraordinary, S.O. 546 dated 7-1-2011



Part-12, No.31, 641. VII /11-479 (ESI)/2003 dated 7-6-2011


West Bengal

Extraordinary, 10/2/2011, No. 131-SS/2H-6/05 dated 1-2-2011.



F 10-4/2011 / 16 dated 25-5-2011

Medical Institutions


Madhya Pradesh

F No. 9-1-2004 – B-XVI dated 19-5-2011

Educational & Medical Institutions



No. Dated 5-9-2012

Except education and Medical institutions


Tamil Nadu

No.II(2)/LE/52/2013 Dated: 2nd January, 2013

Except education and Medical institutions


ASSAM, H.P.,U.P., & Maharashtra.


1. Director Public Grievances,

ESI Corporation Panchdeep Bhavan,

Kotla Road, New Delhi.

Fax:- 011 – 23235481

• For any complaint / Grievance/ Suggestion related to ESIC

ESI Corporation, Panchdeep Bhawan,

Room No. 108, C.I.G Marg, New Delhi
– 110 002.

Phone Number:- 011 – 23237964; Fax:- 011 – 23234537



ESIC website: – www.esic.nic.in;

This is my belief: that through difficulties and problems God gives us the opportunity to grow. So when your hopes and dreams and goals are dashed, search among the wreckage, you may find a golden opportunity hidden in the ruins.

– Dr. A. P. J. Abdul Kalam


Ramesh L. Soni


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