Employees’ State Insurance Act, 1948 Notes

Employees’ State Insurance Act, 1948

1. Short title, extent, commencement, and application
- (1) The Act is called the Employees' State Insurance Act, 1948.
- (2) It extends to the whole of India.
- (3) It comes into force on a date appointed by the Central Government via notification in the Official Gazette. Different dates may be appointed for different provisions or different states/parts.
- (4) Applies to all factories (including government factories) except seasonal factories.
  - PROVIDED: This sub-section does not apply to government-controlled factories/establishments whose employees receive substantially similar or superior benefits.
- (5) The appropriate government, after consulting with the Corporation, and with Central Government approval (if the appropriate government is a State Government), may extend the Act to any other establishment or class of establishments (industrial, commercial, agricultural, or otherwise) by giving six months' notice in the Official Gazette.
  - PROVIDED: If the Act is in force in any part of a state, its provisions automatically extend to similar establishments in another part of the state if they have already been extended to similar establishments in another part of that state.
- (6) An applied factory/establishment continues to be governed by the Act even if the number of employees falls below the specified limit or the manufacturing process ceases to be carried on with the aid of power.