ESI Act & ESIC — Set 13
Labour Laws · ESI अधिनियम और ESIC · Questions 121–130 of 140
Under the ESI Act, are apprentices covered under the ESI scheme?
Correct Answer: B. No, apprentices under Apprentices Act 1961 are specifically excluded
Under the ESI Act, persons engaged as apprentices under the Apprentices Act, 1961 are specifically excluded from the definition of 'employee' and are therefore not covered under the ESI scheme. However, informal apprentices who are paid wages similar to regular workers may be covered if their wages fall within the ESI wage ceiling. This distinction has been the subject of legal interpretation.
Under the ESI Act, the three key components of the ESI scheme are:
Correct Answer: C. Registration, contribution, and benefits
The correct answer is Registration, contribution, and benefits. The three key components of the ESI scheme are: (1) Registration - of employers and employees with ESIC, (2) Contribution - payment of contributions by employers and employees to ESIC, and (3) Benefits - receipt of various benefits by insured persons and their dependants. These three components work together to create a comprehensive social insurance system for workers. This topic is frequently tested in competitive examinations such as RRB NTPC, SSC, and UPSC.
Under the ESI Act, the medical benefit for ESI pensioners is:
Correct Answer: B. Continued for life at nominal contribution
Under the ESI Act, insured persons who receive disablement pension or dependants' pension continue to get medical benefit. For superannuation pensioners (workers who retire from ESI-covered employment), medical benefit can be continued upon payment of a nominal contribution. This ensures that workers who have contributed to ESI during their working life continue to receive healthcare benefit in their retirement.
Under the ESI Act, what is the term for a worker who is exempt from employee contribution?
Correct Answer: D. Excluded worker
Under the ESI Act, workers earning above the wage ceiling (Rs.21,000 per month) are classified as 'excluded employees' who are exempt from the ESI scheme. Additionally, workers in certain categories like apprentices under the Apprentices Act are also excluded workers. Excluded employees cannot claim ESI benefits but employers need not pay contributions for them.
The ESI Act requires that insured persons must present a 'sickness certificate' from which doctor?
Correct Answer: B. Duly appointed Insurance Medical Officer
To claim sickness benefit under the ESI Act, an insured person must obtain a sickness certificate from an Insurance Medical Officer (IMO) who is appointed under the ESI scheme. The IMO certifies the medical condition and duration of inability to work. Self-certificates are not accepted. The certificate must specify the period of incapacity and the medical condition.
Under the ESI Act, which concept means the worker cannot receive both ESI sickness benefit and maternity benefit simultaneously?
Correct Answer: B. Non-duplication of benefits
Under the ESI Act, the principle of non-duplication of benefits means that an insured person cannot receive two cash benefits simultaneously for the same period of incapacity. For example, a woman who is on maternity leave cannot simultaneously claim sickness benefit for the same period. The higher or more specific benefit applies. This prevents double-dipping from the ESI fund.
Under the ESI Act, how many members represent the employees on the Corporation?
Correct Answer: B. 10
Under the ESI Act, the Employees' State Insurance Corporation includes representatives of employees (insured persons). The Act specifies equal or near-equal representation from employer and employee constituencies along with government representatives and medical professionals. This tripartite composition ensures that all stakeholders have a voice in managing the ESI scheme.
Under the ESI Act, who determines whether an establishment falls under the Act's scope?
Correct Answer: B. ESIC Regional Director or the ESI Court
Whether a particular establishment falls under the scope of the ESI Act is determined by the ESIC Regional Director in the first instance. If there is a dispute about coverage, it is referred to the ESI Court under Section 75 of the Act. The ESI Court's decision on coverage matters is final subject to appeal to the High Court. This process ensures objective determination of coverage.
Under the ESI Act, which person is excluded from the definition of 'employee'?
Correct Answer: C. A person employed mainly in managerial capacity
The correct answer is A person employed mainly in managerial capacity. Under Section 2(9) of the ESI Act, 'employee' means any person employed for wages in or in connection with the work of a factory or establishment, but excludes persons employed mainly in a managerial or administrative capacity and persons drawing wages exceeding the prescribed limit. The exclusion of managerial staff recognizes that they are typically covered by other arrangements. This topic is frequently tested in competitive examinations such as RRB NTPC, SSC, and UPSC.
Under the ESI Act, contributions deposited by employer form part of:
Correct Answer: B. ESI Fund
Under the ESI Act, all contributions paid by employers and employees are credited to a separate fund called the Employees' State Insurance Fund. This fund is maintained by the ESIC and is used exclusively for payment of benefits and administrative expenses of the scheme. The fund cannot be used for any other purpose. This ring-fencing ensures that contributions are used for their intended social security purpose.