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ESI Act & ESIC — Set 6

Labour Laws · ESI अधिनियम और ESIC · Questions 5160 of 140

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1

Under the ESI Act, which section empowers ESIC to inspect factories and establishments?

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Correct Answer: A. Section 45

Under Section 45 of the ESI Act, ESIC can appoint Inspectors who are empowered to enter any factory or establishment covered under the Act for the purpose of inspection. They can examine registers, records, and accounts; question any person; and take copies of documents. The inspection powers help ensure that employers comply with registration and contribution requirements.

2

Under the ESI Act, is a contractor's employee covered?

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Correct Answer: B. Yes, principal employer is responsible for contractor's workers

Under the ESI Act, the principal employer is responsible for ensuring ESI coverage for workers employed through contractors in their premises. If the contractor fails to pay contributions, the principal employer is liable for the contributions. This prevents exploitation of contract workers who might otherwise fall outside social security coverage. The principal employer can then recover amounts from the contractor.

3

Under the ESI Act, which type of establishments were newly covered under the 2010 expansion?

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Correct Answer: B. Shops, hotels, restaurants, and educational institutions

The ESI scheme has been extended to new categories of establishments over the years. In 2010, shops, hotels, restaurants, cinemas, road motor transport undertakings, newspaper establishments, and private educational institutions with 10 or more employees were brought under the ESI scheme. This expansion significantly increased the number of workers covered under social security.

4

Under the ESI Act, who is responsible for making contributions for domestic servants?

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Correct Answer: B. The employer (household)

Under the ESI Act, domestic servants working in private households are not currently covered under the mandatory ESI scheme. However, proposals have been made to extend coverage to them. For household establishments that are covered, the employer (head of household) would be responsible for paying both employer and employee contributions. This remains an area of ongoing policy development.

5

Under the ESI Act, employment injury includes:

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Correct Answer: B. Accidents arising out of and in the course of employment

Under Section 2(8) of the ESI Act, 'employment injury' means a personal injury to an insured person caused by accident or occupational disease arising out of and in the course of his insurable employment. The phrase 'arising out of and in the course of employment' has been broadly interpreted by courts. Accidents during authorized travel for work purposes are also covered.

6

Under the ESI Act, what is the primary difference between ESI and workmen's compensation?

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Correct Answer: B. ESI is a contributory social insurance scheme while WC is employer liability

The Employees' State Insurance scheme is a contributory social insurance scheme where both employers and employees contribute to a common fund, and benefits are paid from this fund. Workmen's Compensation is based on employer liability where the employer directly compensates an injured worker. ESI provides more comprehensive benefits including healthcare. Workers covered under ESI cannot claim Workmen's Compensation.

7

Under the ESI Act, a newspaper establishment employing 20 workers falls under ESI because:

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Correct Answer: B. It is listed as a scheduled establishment under ESI

Newspaper establishments have been included as scheduled establishments under the ESI Act. Once an establishment type is notified by the appropriate government, any establishment of that type with the prescribed number of employees becomes covered. Newspaper establishments were brought under ESI along with shops, hotels, and educational institutions to extend social security coverage to media workers.

8

Under the ESI Act, what is an 'Insured Woman'?

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Correct Answer: B. An insured person who is a woman

Under Section 2(14) of the ESI Act, 'Insured Woman' means an insured person who is a woman. This definition is important for determining eligibility for maternity benefit, enhanced maternity benefit, and other gender-specific benefits under the ESI scheme. Insured women are entitled to 26 weeks maternity benefit for their first two children under the ESI (Amendment) Act.

9

Under the ESI Act, the ESIC can establish hospitals. These are called:

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Correct Answer: A. ESIC Hospitals

The Employees' State Insurance Corporation (ESIC) has established a network of ESIC Hospitals and dispensaries across India to provide medical benefit to insured persons and their dependants. ESIC hospitals range from small dispensaries to large multi-specialty hospitals. The Corporation also empanels private hospitals and diagnostic centres where ESIC beneficiaries cannot be served by ESIC facilities.

10

Under the ESI Act, contributions must be remitted by employers within how many days of wage payment?

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Correct Answer: B. 15 days

Under the ESI Act, employers must remit the ESI contributions (both employer's and employee's share) to the ESIC within 15 days of the close of the calendar month in which the wages are paid. Delays beyond this period attract interest at 12% per annum. Digital payment through the ESIC portal is encouraged to ensure timely remittance.