Date: 2022-11-16Category: Extra OrdinaryState: Union GovernmentCountry: India
Implementation of the ESI Act in all the areas of Gajapati district, in addition to the already notified areas of the said district, and in all the areas of Nuapada, Malkangiri and Deogarh districts, in the State of Odisha.
## Report on Amendment to the Employees State Insurance Act, 1948
**1. Executive Summary:**
This report analyzes a notification from the Ministry of Labour and Employment regarding the Employees State Insurance Act, 1948. This notification is *not* a new policy but rather an *amendment* to the existing Act. The core purpose of this amendment is to extend the applicability of certain provisions of the Employees State Insurance Act, 1948, to new geographical areas within the state of Odisha, specifically Gajapati, Nuapada, Malkangiri, and Deogarh districts. Key provisions concern Chapters IV, V, and VI of the Act, dealing with contributions, benefits, and adjudication of disputes, respectively. The likely impact of this amendment is to broaden the social security net to include employees and employers in these newly covered regions, thereby impacting their financial and administrative obligations.
**2. Introduction:**
The purpose of this report is to provide an informative overview of the amendment to the Employees State Insurance Act, 1948, as outlined in the provided notification issued by the Ministry of Labour and Employment. The analysis focuses solely on the information contained within the provided text.
**3. Policy Overview:**
This document represents an *amendment* to the Employees State Insurance Act, 1948. The core objective, as inferred from the provided text, is to expand the scope of the Employees State Insurance (ESI) scheme to previously uncovered areas within the state of Odisha. This expansion aims to provide social security benefits to a greater number of workers in the region.
**4. Background and Rationale:**
The rationale for this specific amendment, based on the provided text, is to extend the coverage of the Employees State Insurance Act, 1948, to areas not previously included. The existing social security coverage under the ESI Act was deemed incomplete in the state of Odisha, necessitating this geographical expansion. The amendment addresses the issue of limited accessibility to ESI benefits in the Gajapati, Nuapada, Malkangiri, and Deogarh districts.
**5. Key Provisions / Changes:**
This amendment focuses *specifically* on extending the applicability of certain sections of the Employees State Insurance Act, 1948, to new geographic areas.
* **What Specific Part of the Original Policy is Being Changed:** The amendment doesn't change any specific clause within the mentioned sections of the ESI Act. It changes the geographical application of the following parts of the original ESI Act:
* Chapter IV (sections 38 to 43 and sections 45A to 45H) dealing with contributions.
* Chapter V (sections 46 to 73) dealing with benefits.
* Chapter VI (sections 74, 75, subsections 2 to 4 of section 76, 80, 82 and 83) dealing with adjudication of disputes.
* **What the *New* Rule/Provision *Is*, based *only* on the amendment text:** The new rule is that the sections of the ESI Act specified above *will now be in force* in all areas of Gajapati district (in addition to already notified areas), and in all areas of Nuapada, Malkangiri, and Deogarh districts in the State of Odisha, starting December 1, 2022.
* **Explain the *difference* or the *effect* of this specific change:** The effect of this change is that employers and employees in the newly included regions will become subject to the provisions of the ESI Act. This means employers will be required to contribute to the ESI fund, and employees will become eligible for the benefits outlined in the Act. The areas that were previously not covered will now be integrated into the ESI scheme.
**6. Target Audience and Stakeholders:**
Based on the text, the target audience and directly affected stakeholders are:
* **Employers:** Businesses and organizations operating in all areas of Gajapati district (in addition to already notified areas), Nuapada, Malkangiri, and Deogarh districts in the State of Odisha. These employers will now be obligated to comply with the ESI Act's provisions regarding contributions and administrative requirements.
* **Employees:** Workers employed in the aforementioned regions who were previously not covered by the ESI scheme. They will now be eligible for the benefits provided under the Act, including medical, sickness, and maternity benefits.
* **The Employees' State Insurance Corporation (ESIC):** The ESIC will need to extend its operations and services to the newly covered regions.
**7. Implementation Aspects (Inferred):**
* **Responsible Agency/Bodies Mentioned:** The Central Government and the Ministry of Labour and Employment are responsible for enacting the amendment. The Employees' State Insurance Corporation (ESIC) is the implicit implementing body responsible for ensuring the ESI scheme functions correctly in these new areas.
* **Any Timelines or Procedures Specified in the Text:** The effective date of the amendment is December 1, 2022. The text does not provide specific implementation procedures.
**8. Expected Outcomes / Impact of Changes:**
The likely intended outcome of this amendment is to extend social security coverage to a larger segment of the workforce in Odisha. This expansion will provide financial security and healthcare benefits to employees in the newly covered regions, thereby improving their overall well-being. Employers in these areas will need to adapt to the new regulatory requirements, potentially increasing their labor costs but also contributing to a healthier and more secure workforce. The ESIC will likely see an increase in contributions and beneficiaries.
**9. Conclusion:**
The amendment to the Employees State Insurance Act, 1948, represents a significant step towards expanding social security coverage in the state of Odisha. By extending the ESI scheme to previously uncovered areas in Gajapati, Nuapada, Malkangiri, and Deogarh districts, the amendment will provide crucial benefits to a larger segment of the workforce and promote greater social and economic equity.
Key Entities Referenced
Employees State Insurance Act, 1948: A central act being amended or updated through this notification.
Central Government: The governing body issuing the notification.
1st day of December, 2022: The date on which specific provisions of the Employees State Insurance Act, 1948 come into force in certain areas.
Chapter IV: A chapter within the Employees State Insurance Act, 1948, specifically sections 38 to 43 and sections 45A to 45H.
Chapter V: A chapter within the Employees State Insurance Act, 1948, specifically sections 46 to 73.
Chapter VI: A chapter within the Employees State Insurance Act, 1948, specifically sections 74, 75, subsections 2 to 4 of section 76, 80, 82 and 83.
Gajapati district, Odisha: A district in the State of Odisha where the specified provisions of the Employees State Insurance Act, 1948 will come into force in all areas, in addition to already notified areas.
Nuapada district, Odisha: A district in the State of Odisha where the specified provisions of the Employees State Insurance Act, 1948 will come into force in all areas.
Malkangiri district, Odisha: A district in the State of Odisha where the specified provisions of the Employees State Insurance Act, 1948 will come into force in all areas.
Deogarh district, Odisha: A district in the State of Odisha where the specified provisions of the Employees State Insurance Act, 1948 will come into force in all areas.
Odisha: A state in India where the Employees State Insurance Act, 1948 provisions are being expanded.
ALOK CHANDRA: Senior Labour and Employment Adviser who signed the notification.
Ministry of Labour and Employment: The ministry responsible for issuing the notification.
रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99
xxxGIDHxxx
सी.जी.-डी.एxलxx.-GअID.E-1x6xx1 12022-240337
CG-DL-E-16112022-240337
असाधारण
EXTRAORDINARY
भाग II—खण् ड 3—उप-खण्ड (ii)
PART II—Section 3—Sub-section (ii)
प्राजधकार स ेप्रकाजित
PUBLISHED BY AUTHORITY
स.ं 5112] नई दिल्ली, बुधवार, नवम्ब र 16, 2022/कार्ततक 25, 1944
No. 5112] NEW DELHI, WEDNESDAY, NOVEMBER 16, 2022/KARTIKA 25, 1944
ubZ fnYyh] 16 uoEcj] 2022-
.—dsUnzh; ljdkj] deZpkjh jkT; chek vf/kfu;e] 1948 ¼1948 dk 34½ dh /kkjk 1 dh
mi/kkjk ¼3½ }kjk iznRr 'kfä;ksa dk iz;ksx djr s gq,] 1 fnlEcj] 2022 dks] ml rkjh[k ds :i eas 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 83A
vksfM'kk jkT; ds xtifr ftys ds lHkh {ks=ks a eas] mDr ftys ds igy s ls vf/klwfpr {ks=ks a ds vfrfjDr vkSj uq;kiM+k]
eydkufxfj ,oa nscx< + ftyks a ds lHkh {ks=ks a eas izo`r gksxa sA
[Qk- la- ,l&38013@10@2022&,l,l-I]
vkyksd panzk] ofj’B Je vkSj jkstxkj lykgdkj
7623 GI/2022 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)]
MINISTRY OF LABOUR AND EMPLOYMENT
NOTIFICATION
New Delhi, the 16th November, 2022
S.O. 5338(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
December, 2022, as the date on which the provisions of the said Act, namely,—
(i) sections 38 to 43 and sections 45A to 45H of Chapter IV;
(ii) sections 46 to 73 of Chapter V; and
(iii) 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 Gajapati district, in addition to the already notified areas of
the said district, and in all the areas of Nuapada, Malkangiri and Deogarh districts, in the State of Odisha.
[F. No. S-38013/10/2022-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.