Home India Ministry of Labour and Employment ESI coverage in all the areas of Chamba, Kullu, Hamirpur, Ki...
Date: 2022-12-23 Category: Extra Ordinary State: Union Government Country: India

ESI coverage in all the areas of Chamba, Kullu, Hamirpur, Kinnaur and Lahaul and Spiti districts in the State of Himachal Pradesh

Issued by Ministry of Labour and Employment · Social Security I

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Executive Summary & Key Takeaways

## Report on Extension of the Employees State Insurance Act, 1948 to Certain Districts of Himachal Pradesh **1. Executive Summary:** This report analyzes a government notification extending the applicability of the Employees State Insurance (ESI) Act, 1948 to specific districts within the state of Himachal Pradesh. The core purpose is to bring social security benefits under the ESI Act to employees and employers in Chamba, Kullu, Hamirpur, Kinnaur, and Lahaul Spiti districts. The key finding is that effective January 1, 2023, designated sections of the ESI Act related to contributions, benefits, adjudication of disputes, and related matters will come into force in these previously uncovered areas. **2. Introduction:** This report provides an overview of a government notification pertaining to the Employees State Insurance (ESI) Act, 1948. It aims to inform stakeholders about the extension of the Act's provisions to specified districts of Himachal Pradesh, based solely on the information presented in the provided policy text. **3. Policy Overview:** * This is *not* an amendment. It is an *extension* of an existing Act. * **Core Objective(s):** The core objective, as inferred from the text, is to expand the coverage of social security provisions under the ESI Act to a wider population by including the districts of Chamba, Kullu, Hamirpur, Kinnaur, and Lahaul Spiti in Himachal Pradesh under its purview. **4. Background and Rationale:** * **New Policy (Extension):** The notification suggests that previously, the ESI Act was not fully applicable or not applicable at all in the specified districts of Himachal Pradesh. The extension likely aims to address the lack of social security coverage for employees in these regions, providing them with access to medical benefits, sickness benefits, and other advantages as outlined in the Act. The extension addresses the problem of inequitable access to social security benefits across different regions. **5. Key Provisions / Changes:** * The notification explicitly states that the following sections of the Employees' State Insurance Act, 1948 will be effective in the specified districts starting January 1, 2023: * Sections 38 to 43 and sections 45A to 45H of Chapter IV (related to contributions and benefits). * Sections 46 to 73 of Chapter V (related to benefits). * Sections 74, 75, subsections 2 to 4 of section 76, 80, 82 and 83 of Chapter VI (related to adjudication of disputes, claims, and penalties). * **Impact:** The provisions outlined above will make the ESI scheme compulsory for factories and other establishments employing the requisite number of employees in these districts. Employers and employees in these regions will be required to contribute to the ESI fund, and employees will become eligible for the benefits provided under the scheme. **6. Target Audience and Stakeholders:** Based on the text, the target audience and stakeholders directly affected by this notification include: * **Employers:** All establishments (likely those meeting certain employee threshold as defined elsewhere in the ESI Act) located in the districts of Chamba, Kullu, Hamirpur, Kinnaur, and Lahaul Spiti in Himachal Pradesh. They will be required to comply with the ESI Act's provisions regarding contributions and other obligations. * **Employees:** All employees working in establishments covered under the ESI Act in the specified districts. They will become eligible for ESI benefits such as medical care, sickness benefits, maternity benefits, and disablement benefits. * **Employees' State Insurance Corporation (ESIC):** The ESIC will be responsible for implementing the ESI scheme in these districts and ensuring compliance with the Act. **7. Implementation Aspects (Inferred):** * **Responsible agency/bodies:** The Employees' State Insurance Corporation (ESIC), under the Ministry of Labour and Employment, is the primary body responsible for implementing the Act. The notification itself is issued by the Ministry. * **Timelines:** The provisions of the Act come into force on **January 1, 2023**. * **Procedures:** The provided text does not outline specific procedures. However, it can be inferred that employers in the specified districts will need to register with the ESIC and comply with the contribution requirements. Employees will likely need to register as insured persons to avail of the benefits. Further details on the implementation procedures would likely be available from the ESIC. **8. Expected Outcomes / Impact of Changes:** The expected outcomes of extending the ESI Act to these districts include: * **Increased Social Security Coverage:** A greater number of employees in Himachal Pradesh will have access to social security benefits, improving their overall welfare. * **Improved Healthcare Access:** Employees and their families will have access to medical facilities and healthcare services through the ESI scheme. * **Formalization of Labor:** The extension of the ESI Act may encourage the formalization of the labor market in these districts as employers comply with labor laws and provide social security benefits to their employees. * **Compliance Costs:** Employers in these districts will face new compliance costs associated with ESI contributions and administrative requirements. **9. Conclusion:** The extension of the Employees State Insurance Act, 1948 to the districts of Chamba, Kullu, Hamirpur, Kinnaur, and Lahaul Spiti in Himachal Pradesh is a significant development that aims to provide social security benefits to a wider segment of the workforce. This move is expected to enhance the welfare of employees in these regions, improve access to healthcare, and promote formalization of the labor market. Employers in these regions should take note of the January 1, 2023 effective date and take necessary steps to comply with the ESI Act's provisions.

Key Entities Referenced

Employees State Insurance Act, 1948: A labour welfare legislation enacted in 1948 in India to provide for certain benefits to employees in case of sickness, maternity, and employment injury. 1st day of January, 2023: The date appointed by the Central Government for certain provisions of the Employees State Insurance Act, 1948 to come into force. Chapter IV: Chapter IV of the Employees State Insurance Act, 1948, specifically sections 38 to 43 and sections 45A to 45H. Chapter V: Chapter V of the Employees State Insurance Act, 1948, specifically sections 46 to 73. Chapter VI: Chapter VI of the Employees State Insurance Act, 1948, specifically sections 74, 75, subsections 2 to 4 of section 76, 80, 82 and 83. Himachal Pradesh: A state in northern India where certain provisions of the Employees State Insurance Act, 1948 will come into force. Chamba district, Himachal Pradesh: A district in Himachal Pradesh where certain provisions of the Employees State Insurance Act, 1948 will come into force. Kullu district, Himachal Pradesh: A district in Himachal Pradesh where certain provisions of the Employees State Insurance Act, 1948 will come into force. Hamirpur district, Himachal Pradesh: A district in Himachal Pradesh where certain provisions of the Employees State Insurance Act, 1948 will come into force. Kinnaur district, Himachal Pradesh: A district in Himachal Pradesh where certain provisions of the Employees State Insurance Act, 1948 will come into force. Lahaul Spiti district, Himachal Pradesh: A district in Himachal Pradesh where certain provisions of the Employees State Insurance Act, 1948 will come into force. Alok Chandra: Senior Labour and Employment Adviser, Ministry of Labour and Employment.
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रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99 सी.जी.-डी.एल.-अ.-24122022-241385 xxxGIDHxxx CG-DL-E-24122022-241385 xxxGIDExxx असाधारण EXTRAORDINARY भाग II—खण् ड 3—उप-खण्ड (ii) PART II—Section 3—Sub-section (ii) प्राजधकार स ेप्रकाजित PUBLISHED BY AUTHORITY स.ं 5796] नई दिल्ली, िुक्रवार, दिसम्ब र 23, 2022/पौष 2, 1944 No. 5796] NEW DELHI, FRIDAY, DECEMBER 23, 2022/ PAUSA 2, 1944 अजधसचू ना नई दिल् ली, 23 दिसम् बर, 2022 का.आ. 6039(अ).—dsUnzh; ljdkj] deZpkjh jkT; chek vf/kfu;e] 1948 ¼1948 dk 34½ dh /kkjk 1 dh mi/kkjk ¼3½ }kjk iznRr 'kfä;kas dk iz;kxs djrs gq,] 1 tuojh] 2023 dks] ml rkjh[k ds :i es a fu;r djrh gS] ftl ij mä vf/kfu;e ds mic/a k] vFkkZr~]& (i) v/;k; 4 dh /kkjk 38 ls /kkjk 43 vkSj /kkjk 45d ls /kkjk 45t rd; (ii) v/;k; 5 dh /kkjk 46 ls /kkjk 73 rd; vkSj (iii) v/;k; 6 dh /kkjk 74] /kkjk 75] /kkjk 76 dh mi/kkjk ¼2½ ls mi/kkjk ¼4½ rd] /kkjk 80] /kkjk 82 vkSj /kkjk 83] fgekpy iznsि jkT; ds pack] dqYyw] gehjiqj] fdUukSj vkSj ykgkSy vkSj Lihfr ftykas ds lHkh {ks=ksa es a izo`r gksxa sA [la- ,l&38013@15@2022&,l,l-I] vkyksd panzk] ofj’B Je vkSj jkstxkj lykgdkj 8617 GI/2022 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] MINISTRY OF LABOUR AND EMPLOYMENT NOTIFICATION New Delhi, the 23rd December, 2022 S.O. 6039(E).— In exercise of the powers conferred by sub-section (3) of section 1 of the Employees’ State Insurance Act, 1948 (34 of 1948), the Central Government hereby appoints the 1st day of January, 2023, as the date on which the provisions of the said Act, namely,— sections 38 to 43 and sections 45A to 45H of Chapter IV; (i) sections 46 to 73 of Chapter V; and (ii) sections 74, 75, sub-sections (2) to (4) of section 76, 80, 82 and 83 of Chapter VI, shall come into force in all the areas of Chamba, Kullu, Hamirpur, Kinnaur and Lahaul & Spiti districts in the State of Himachal Pradesh. [No. S-38013/15/2022-SS-I] ALOK CHANDRA, Senior Labour and Employment Adviser Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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