Lok Sabha Question No. 2384 (UNSTARRED), answered on 2019-07-08
Subject: Registration of Employers and Employees under ESIC
Ministry: LABOUR AND EMPLOYMENT
Asked by: Shrikant Eknath Shinde, Girish Bhalchandra Bapat, Pushpendra Singh Chandel

## GOVERNMENT OF INDIA

## MINISTRY OF LABOUR AND EMPLOYMENT

## LOK SABHA

## UNSTARRED QUESTION NO. 2384 TO BE ANSWERED ON 08.07.2019

## REGISTRATION OF EMPLOYERS AND EMPLOYEES UNDER ESIC

## 2384. DR. SHRIKANT EKNATH SHINDE :

SHRI GIRISH BHALCHANDRA BAPAT:

SHRI KUNWAR PUSHPENDRA SINGH CHANDEL:

Will  the  Minister  of  LABOUR  AND  EMPLOYMENT  be  pleased  to state:

- (a)the details of the facilities provided to the employees  under Employees' State Insurance Act, 1948;
- (b)whether the Government  had  started a programme  of  special registration of employers and Employees under the Employees' State Insurance  Corporation  (ESIC)  scheme  and  if  so,  the  time  when  the aforesaid  programme  of  special  registration  was  started  and  the success achieved so far in this regard;
- (c)whether the Government has decided to extend the coverage of the scheme to all the districts in the country in a phased manner;
- (d)if  so,  the  time  by  which  all  the  districts  will  be  covered  under  the
- scheme; and
- (e)the steps taken by the Government to bring unorganized sector under the umbrella of ESIC scheme?

## ANSWER

## MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT (SHRI SANTOSH KUMAR GANGWAR)

(a): The  Insured  Persons  (IPs)  and  (or)  their  family,  under  the Employees' State Insurance Act, 1948, are provided medical benefits in the  form  of  out-patient  and  in-patient  treatment  in  a  hospital  and dispensary, clinic or other institutions, besides  getting super specialty treatment  (SST)  upon  fulfillment  of  certain  contributory  conditions. Besides, medical care is provided to IPs who are rendered disabled due to  employment  injury  and  to  spouse  for  primary  and  secondary  care (excluding SST) within ESI Medical Institutions.

benefit, benefit, eligibility

Cash benefits are in the form of sickness disablement benefit, dependents' benefit, maternity unemployment relief/allowance and other benefits. The conditions and quantum of each cash benefit is at Annexure.

- (b): Yes, Sir. A Scheme to Promote Registration of Employers/Employees (SPREE) was launched to give one time opportunity  to  the  employers  to  cover  left  out/uncovered  employees. The salient features of the SPREE were as under:
- i. The Employers registered during the period will be treated as covered from the date of registration or as declared by them.
- ii. The newly registered employees shall be treated as covered from date of their registration.

from

The Scheme  was  launched initially for a period 20/12/2016 to 31/03/2017 which was further extended up to 30/06/2017.

The  number  of  Units/Employers  and  Employees  registered under the ESI Act during the period of SPREE is as under :-

- Number of Units / Employers covered    under the ESI Act
- i. -  1,02,013
- ii. Number of Employees covered under the ESI Act -1,30,78,766.
- (c) & (d): Periodical  surveys  are  carried  out  from  time  to  time  for bringing more units and their employees in the umbrella of ESI scheme. Survey programme has been launched w.e.f. 01.07.2019 for a period of three months. It has been decided that the ESI Act shall be extended to the 722 districts of the country by the year 2022.
- (e): ESI Act, 1948 applies to all factories and notified establishments  located  in  implemented  areas  employing  10  or  more persons and is applicable on employees drawing wages up to Rs.21,000/- per month (Rs.25,000/- for persons with disability).  As such it  does  not  apply  to  the  unorganized  sector.  At  present  there  is  no proposal to extend coverage to unorganized sector.

*                                                         *******

STATEMENT  REFERRED  TO  IN  REPLY  TO  PART  (a)  OF  LOK  SABHA  UN-STARRED QUESTION NO. 2384 FOR 08.07.2019 BY  Dr.  SHRIKANT EKNATH  SHINDE, SHRI GIRISH BHALCHANDRA BAPAT AND SHRI KUNWAR PUSHPENDRA SINGH CHANDEL REGARDING REGISTRATION OF EMPLOYERS AND EMPLOYEES UNDER ESIC

## BENEFITS & CONTRIBUTORY CONDITIONS

| Sl. No.   | Name of the benefit (s)                                                                | Contributory conditions                                                                                                 | Duration of Benefit                                                                                                                                                                                                                                                                                                                   | Quantum of Benefit                                                                               |
|-----------|----------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------|
| (i) (a)   | SICKNESS BENEFIT                                                                       | Payment for at least 78 days in the relevant contribution period                                                        | 91 days in any two consecutive benefit periods.                                                                                                                                                                                                                                                                                       | (70% of daily average wages)                                                                     |
| (b)       | EXTENDED SICKNESS BENEFIT (for 34 specified long- term diseases)                       | Continuous employment for a period of two years and contribution for 156 days in four consecutive contribution periods. | Two years (Maximum)                                                                                                                                                                                                                                                                                                                   | 80% of daily average wages                                                                       |
| (c)       | ENHANCED SICKNESS BENEFIT (for undergoing sterilization operation for family welfare.) | Same as for Sickness Benefit.                                                                                           | 7 days for vasectomy and 14 days for tubectomy; extendable in cases in post-operative complication etc.                                                                                                                                                                                                                               | 100% of daily average wages                                                                      |
| (ii)      | DISABLEMENT BENEFIT ( EMPLOYMENT INJURY)                                               | There are two types of benefits comes under Disablement Benefit which are as under:-                                    | There are two types of benefits comes under Disablement Benefit which are as under:-                                                                                                                                                                                                                                                  | There are two types of benefits comes under Disablement Benefit which are as under:-             |
| (a)       | TEMPORARY DISABLEMENT BENEFIT                                                          | He/She should be an employee on the date of employment injury.                                                          | Till the incapacity lasts.                                                                                                                                                                                                                                                                                                            | 90% of the daily average wages                                                                   |
| (b)       | PERMANENT DISABLEMENT BENEFIT                                                          | -do-                                                                                                                    | For life                                                                                                                                                                                                                                                                                                                              | Depends upon the loss of earning capacity of the workers which is determined by a Medical Board. |
| (iii)     | DEPENDANTS BENEFIT (Rule 58)                                                           | The deceased should be an employee on the date of fatal accident.                                                       | 1. To widow/widows for life or until remarriage 2. To widowed mother during life. 3. to legitimate or adopted son until he attains the age of twenty five years. 4. To legitimate or adopted daughter till marriage. 5. To legitimate or adopted son or daughter wholly dependent on the earning of the insured person at the time of | 90% of the daily average wages to be divided amongst the dependents in the prescribed ratio.     |

|      |                          |                                                                                                    | his/her death, who have attained the age of twenty-five years and are infirm, till infirmity lasts. 5. To other dependents for life or till marriage or upto the age of 18 years, as the case may be                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               |                                                           |
|------|--------------------------|----------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------|
| (iv) | MATERNITY BENEFIT        | Payment of contribution for 70 days in immediately preceding two consecutive contribution periods. | According to the Amendment in ESI (Central) Rules, 1950 an Insured Woman shall be entitled to maternity benefit for 26 weeks of which not more than 8 weeks can precede the expected date of confinement. A commissioning mother who as biological mother wishes to have a child and prefers to get embryo implanted in any other woman and(ii) a woman who legally adopts a child upto 3 months of age is also made entitled for maternity benefit for 12 weeks. 6 weeks for miscarriage and additional one month for sickness arising out of pregnancy confinement, premature birth of child or miscarriage. Provided also that the insured woman having two or more than two surviving children shall be entitled to receive maternity benefit during a period of twelve weeks of which not more than six weeks shall preceded the expected date of confinement. These Rules may be applicable in respect of the cases where the IW deliver a child on or after 20.1.2017 or her expected date of confinement falls on 20.1.2017 or thereafter. | 100% of daily average wages.                              |
| (v)  | FUNERAL EXPENSES         | He should be an insured person on the date of death.                                               |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    | Actual expenditure on funeral not exceeding Rs. 15,000/-. |
| (vi) | REHABILITATION ALLOWANCE | Entitlement to medical benefit or if disabled due to employment injury.                            | For each day on which insured person remains admitted in Artificial Limb- Centre for fixation/repair                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               | At 100% of daily average wages.                           |

|        |                                                                               |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  | or replacement of artificial limb.                                                                                                                                                       |                                                                                                          |                                                                                                          |
|--------|-------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------|
| (vii)  | MEDICAL BENEFIT TO RETIRED/DISA BLED INSURED PERSONSAND HIS/HER SPOUSE        | On payment of Rs.10/- p.m. in lump-sum for one year in advance (I) by insured persons who retire from insurable employment on attaining the age of superannuation or under VRS or prematurely after being in insurable employment for not less than five years (ii) by insured persons who cease to be in insurable employment on account of permanent disablement due to an employment injury. (iii) This benefit is also be made available to widows of Insured Person, who are in receipt of dependent benefit, on payment of contribution as prescribed under Rule 60 till the date on which IP/IW would have vacated the employment on attaining the age of superannuation, | Period for which contribution is paid. IPs are entitled for full medical care for self and spouse only, Period for which contribution is paid, till attaining the age of superannuation. | Full Medical care.                                                                                       | Full Medical care.                                                                                       |
| (viii) | CONFINEMENT EXPENSES                                                          | To an Insured Woman or an I.P . in respect of his wife incase facilities for confinement are not available in ESI Institutions.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  | Up to two confinements only w.e.f. 01.10.2013                                                                                                                                            | Rs. 5000/- per case.                                                                                     | Rs. 5000/- per case.                                                                                     |
| (ix)   | VOCATIONAL REHABILITATION ALLOWANCE SKILL DEVELOPMENT SCHEME UNDER R.G.S.K.Y. | Not more than 45 years of age and disability not le than 40% due to Employment Injury                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            | All the days of training in Vocational Rehabilitation Centre                                                                                                                             | Rs. 123/- per day or the actual amount charged by Vocational Rehabilitation Centre, whichever is higher. | Rs. 123/- per day or the actual amount charged by Vocational Rehabilitation Centre, whichever is higher. |
| (x)    | UNEMPLOYMENT ALLOWANCE                                                        | An I.P . who has lost employment due to closure of factory, retrenchment or permanent disablement of at least 40% arising out of non-employment injury and the contribution in respect of him have been paid/payable for a minimum of two years                                                                                                                                                                                                                                                                                                                                                                                                                                  | Maximum period of two year during life time w.e.f. 06.09.2016                                                                                                                            | IP/IW would get the benefit as per the following slab:                                                   | IP/IW would get the benefit as per the following slab:                                                   |
| (x)    | UNEMPLOYMENT ALLOWANCE                                                        | An I.P . who has lost employment due to closure of factory, retrenchment or permanent disablement of at least 40% arising out of non-employment injury and the contribution in respect of him have been paid/payable for a minimum of two years                                                                                                                                                                                                                                                                                                                                                                                                                                  | Maximum period of two year during life time w.e.f. 06.09.2016                                                                                                                            | 0 to 12 months                                                                                           | 13 to 24 months                                                                                          |
| (x)    | UNEMPLOYMENT ALLOWANCE                                                        | An I.P . who has lost employment due to closure of factory, retrenchment or permanent disablement of at least 40% arising out of non-employment injury and the contribution in respect of him have been paid/payable for a minimum of two years                                                                                                                                                                                                                                                                                                                                                                                                                                  | Maximum period of two year during life time w.e.f. 06.09.2016                                                                                                                            | 50% pf the last Av. Daily wages                                                                          | 25% of the last Av. Daily wages                                                                          |

|        |                                                                                               | prior to the loss of employment                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      |                                                                                                                                                    |                                                                                                                                                                                                   |
|--------|-----------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| (xi)   | VOCATIONAL REHABILITATION SKILL DEVELOPMENT SCHEME (UNDER RAJIV GANDHI SHRAMIK KALYAN YOJANA) | IP/IW should be in receipt of Unemployment Allowance under Rajiv Gandhi Shramik Kalyan Yojana                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        | Short duration of ten weeks or other longer duration courses of upto six months at Advance Vocational Training Institutions.                       | Entire fee charged by the Institutions is to be paid by the Corporation. To and for Rail/Bus fare to IP/IW who has to travel to attend the training programme at AVTIs as charged, is reimbursed. |
| (xii)  | NEW ADDITION                                                                                  | Conveyance Allowance                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 | 10.Conveyance Allowance to Permanent Disablement Benefit (PDB) beneficiaries- regarding                                                            | Under this Scheme, PDB beneficiaries are paid Rs. 100/- as conveyance allowance on their personal visit to Branch Office for submission of life certificate once in a year.                       |
| (xiii) | ATAL BIMIT VYAKTI KALYAN YOJANA (ABVKY)                                                       | The scheme provides relief namely 'Atal Bimit Vyakti Kalyan Yojana in the form of cash compensation upto Ninety (90) days, once in a lifetime, to be claimed after three months of being rendered unemployed in one or more spells for being rendered unemployed; provided the employee should have completed two years of insurable employment and have contributed not less than Seventy eight (78) days in each of the four consecutive contribution periods immediately preceding to the claim of relief. The relief shall not exceed twenty-five per cent (25%) of the average earning per day. | Cash compensation upto Ninety (90) days, once in a lifetime, to be claimed after three months in one or more spells for being rendered unemployed. | Per day Rate of relief under ÁTAL Bimit Vyakti Kalyan Yojan is 25% of average earning per day during the immediately preceding four consecutive contribution periods.                             |

********