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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 1

PUBLISHED BY AUTHORITY

No. 59] NEW DELHI, TUESDAY, AUGUST 7, 1984/SRAVANA 16, 1906

Separate paging is given to this Part in order that it may be filed as a separate compilation

MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department)

New Delhi, the 7th August, 1984/Sravana 16, 1906 (Saka)

The following Act of Parliament received the assent of the President on the 6th August, 1984, and is hereby published for general information:—

THE EMPLOYEES' STATE INSURANCE (AMENDMENT) ACT, 1984 No. 45 OF 1984

[6th August, 1984.]

An Act further to amend the Employees' State Insurance Act, 1948.

BE it enacted by Parliament in the Thirty-fifth Year of the Republic of India as follows:—

1. (2) This Act may be called the Employees' State Insurance (Amend- ment) Act, 1984.

Short title and commen- cement.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates be appointed for different provisions of this Act and for different States or for different carts thereof.

2. In the Employees' State Insurance Act, 1948 (hereinafter referred to as 34 of 1948.

the principal Act), in section 2,—

Amend- ment of section 2.

(a) in clause (2),—

("') for the words "being not less than twenty-five but not exceeding twenty-seven consecutive weeks or", the words "being not exceeding" shall be substituted;

(ii) in the proviso, the words "or shorter" shall be omitted;

(1)

2

I ' ll C,\ZhV\[- OF INDIA } XI ^ O R D I N A RY \PART It—

(b) in clause ( ^ ,—

(i) lor ilio words "being not less than twenty-five but not exceeding twenty-seven consecutive weeks or¹', the words ''being not "exceeding" skill be s,ubsLilnti-d

(ii) in the pioviso, tin woids "or shorter" shall be omitted;

section 17 (a) in t^B-section U), for the words "ore thousand and two hundred ru^m", the words "two thousand and two hundred fifty rupees" shalWc- substituted;

When person eligible for sickness benefit

8. In section 56 oil the principal Act, in sub-section (3), tor me word "week",

the word "period'¹ shall be substituted.

Amend- ment of section 58.

Amend- ment of section 78.

3 of 1898.

9. In section 78 of the principal Act, in sub-section (1), for the worcis and figures "section 195 and Chapter XXXV oi the Code of Criminal Procedure, 1898", the words and figures "section 195 and Chapter XXVI oi the Code of Criminal Procedure. 1973" shall be substituted.

2 of 1974.

10. In section 95 of the principal Act, after sub-section (2), the follow

ing sub-section shall be inserted, namely:—

Amend- ment of section 95.

"(2^4) The power to make rules conferred by this section shall include the power to give retrospective effect, from a date not ear- lier than the date of commencement ol this Act, to the rules or any of them but no retrospective effect shall be given to any rule no as to pre- judicially affect the interest ol any person other than the Corporation to

w h nm KIIPVI r u le TTIST/ ITB annliraihlp "

11. In section 96 of the principal Act, after sub-section (2), the

following sub-section shall be inserted, namely:—

Amend- ment nf section 9G.

"(3) Eveiy rule made under this section shall be laid as soon

as may be after it is made, before, each House of the State Legis- lature where it consists of two Houses, or, where such Legislature consists of one House, before that House.",

12. In section 97 of the principal Act,—

Amend- ment of section 97 Amend- ment of the First Schedule.

(fa) employee's contribution, a sum (rounded to next higher multiple of five paise) equal to two and one-fourth per cent, of the wages payable to an employee.";

(b) in paragraph 2,—

(i) in the opening portion, after the words "daily wages", the words "during a wage period for the purposes of section 42 and sub-paragraph (b) of paragraph 6 of this Schedule" shall be inserted;

(") in sub-paragraph (ft), the word "first'' shall be omitted;

("0 Explanation II shall be omitted;

(c) after paragraph 2, the following paragraph shall be inserted, namely:—

"2A. The average daily wages during a contribution period in respect of an employee for the purposes of paragraphs 4, 5 and sub-paragraph (a) of paragraph 6 of this Schedule shall bw the sum equal to one hundred and fifteen per cont. of the aggre- gate amount of wages payable to him during that period divided by the number of days (including paid holidays and leave days) for which such wages were payable";

(d) for paragraph 3 and the Table thereunder, the following paragraph and the Table shall be substituted, namely: —

'3. Daily rate of benefit (heieinafter referred to as the "standard benefit rate") in respect of group of employees speci- fied in the first column of the Table below shall be the amount respectively specified in the corresponding entry in the second column thereof.

TABLE

G r o up of employees whose a v e r a ge daily wages a re

C o r r e s p o n d i ng daily s t a n d a rd benefit r a te

a

Rs. P.

a¹50

ilelow R B. b . i . . . . ..

It

R s, 6 a nd a b o ve b ut below R s. U . . . .

IE.

3'5"

5-00

R s, 8 a nd a b o vf but below R s. lu

3-'

7'0o

R s, in a nd a b o ve b ut below R s. 16 . .

4-

io- 00

R s. 16 a nd a b o ve b ui below R s. 24 . . . •

5.

15-00

R s. 34 a nd a b o ve but below R s. 36 . . ..

6.

ao'oo.'.

R i. 36 a nd a b o ve . , , . . ..

7-

14. For the Third Schedule to the principal Act, the following Sche-

dule shall be substituted, namely: —

Substitu- tion of the Third Schedule.

"THE THIRD SCHEDULE

(AVc heuliun 5 2 A;

LIST OF OCCUPATIONAL DISEASES

Occupational tlmeaip

limploymeni

Sl. No.

1

2

3

PART A

i. Infectious and parasitic diseases contracted in an (0) All work involving exposure tn health or laboratory work;

occupation wheiu there 11 J particular risk of contamination,

(b) All work involving exposure to

veterinary work;

((,) Work 1 elating to handling ani-

mals, animal carcasses, part of ouch carcasses, or merchandise which may have been contaminated by animah or animal carcasses;

(1/) Other work carrying a particular

riik of contamination.

2

All work involving exposure to the

Disrasrn caused by work in compressed air.

risk concerned.

All work involving exposure to the

Diseases caused by lead or its toxic compound*.

3'

risk concerned.

All work involving exposure to the

PoiiOning hy nitrous furaci,

4-

risk concerned.

All work involving exposure to the

Poiicining by jrg.inphoiphnrus compounds.

3-

risk concerned.

PART B

1.

All work involving exposure to the

Disease* caused by phosphorus or its toxic com-

risk concerned.

pounds.

All work involving exposure t" the

a. Discaies caused by mercury or its toxic compounds.

rhk concerned.

All work involvihg exposure to the

Diseases caused by benzene or its toxic homologue*.

3'

risk concerned.

All work involving exposure to tho

Diseases caused bv mtro and amido toxic derivatives

1-

risk concerned.

of hnuene or its liomologurs.

All work involving exposure to the

Diseases caused by chromium or its toxic com-

5-

riik concerned.

pounds.

All work involving exposure to th^

Diseases caused by arsenic or its toxic compounds.

b.

riilt concerned.

Diseases earned by mdioactivc substance! and

7-

ionising ridiafioii.

All work involving exposure to th<" action of radioactive substances or ionising radiations

All work involving expo*uve 10 tho

P-in"ry epitheloiiiU'iiis cancer of the skin caused by

a.

risk concerned.

tir, pitch binrnci, mineral oil, anthracene, or (he compounds, products or residue* <~>f thei- •> ltwtanw.

Employment

Occupational disease

Sl. No.

i

3

All work involving exposure to the

risk concerned.

Diieases caused by ihe loxic hulogen deiivalives of hydrocarbons (of the aliphatic and aromatic nerles).

All work involving exposure to the

IO. Diseases caused by the carbon disulphide.

risk concerned.

All work involving exposure to the

Occupational cataract .lue to infra-red radiations.

l i.

risk concerned.

All work involving exposure to the

1 9. Diseases caused by mang""<"J": or its toxic com-

risk concerned.

pounds.

All work involving exposure to the

Skin diseases caused by physical, chemical or hio-

>3-

logical agents not included in other items.

risk concerned.

All work involving exposure to the

Hearing impairment caused by noise.

"4-

risk concerned.

Ml work involving exposure to the

•5-

risk concerned.

Poisoning by dinitrophenol or a homologuc or by substituted dinitrophenol or by Che salts of sur:U substances.

\U work involving exposure to the

Diseases caused by beryllium or its toxic ojm-

16.

risk concerned.

pounda.

Ml work involving exposure to" the

Diseases caused by cadmium or its toxic com-

17-

risk concerned.

pounds.

All work involving exposure to the

18. Occupational asthma caused by recognised sensiti-

sing agents inherent to the work process.

risk concerned.

All work involving exposure to the

Diseases caused by fluorine or its toxic com-

•D-

pounds.

risk concerned.

AH work involving exposure to the

ao. Diseases caused by nitroglycerine or other nitroacid

risk concerned.

esters.

2 1. Diseases caused by alcohols ;md kctones.

All work involving exposure to the

risk concerned.

Diseases caused by asphyxiants: carbon monoxide, All work involving exposure to the

aa.

and its toxic derivatives, hydrogen sulfidc.

risk concerned.

All work involving exposure to the

Lung cancer and mesothcliomas caused by

S3-

asbestos.

risk concerned.

All work involving exposure to the

04- Primary neoplasm of the epithelial lining of the urinary bladder or the kidney or the ureter. risk concerned.

PAKT C

i. Pncuinoconioses caused by sderogenic mineral dust All work involving exposure to the

risk concerned.

(silicosis, anthrnoosilico/ds asbestoais) and silico-tuberculosis provided thai silicosis is an essential factor in causing the resultant incapacity or death.

Bagassosis.

All work involving exposure to the

a-

risk concerned.

Bronchopulmonary diseases caused by cotton, flax All work involving exposure to the

hemp and sisal dust (Byssinosis).

risk concerned.

Extrinsic allergic alveelitis caused by the inhala-

• All work involving exposure to the

4-

tion of organic dusts.

risk concerned.

Bronchopulmonary diseases caused by hard All work involving exposure ,Lo th*

5-

raetaLi.

rink concerned.".

Valida- tion.

15. The Employees' Stale Insurance Corporation (.General Provident Fund) Rules, 1973 shall be and shall be deemed always to have been as valid and effective as if the provisions of section 95 of the principal Act, as amended by this Act, were in lorce at the time when those nilea were made.

R. V. S. PERI SASTRT,

Secy, to the Govt, of India.

CORRIGENDA

In the Hooghly Docking and Engineering Company Limited (Acquisition and Transfer of Undertakings) Ordinance, 1984 (7 of 1984), as published in the Gazette of India, Extraordinary, 1984 (Sl. No. 56), Part II, Section 1, dated the 28th June, 1984:—

(1) at page 6, in line 25, for "undertakings", read "undertakings";

(2) at page 10, in line 23, for "18. (1)", read "18.";

(3) at page 10, in line 31. for "19, (1)", read "19.";

(4) at page 14, in line 18, for "exerciser*, read "exercised"; (5) at page 14, in line 35, fur "he¹', read "the".

CORRIGENDA

In the Banking Laws (Amendment) Act, 1983 (1 of 1984), as published in the Gazette of Tndia, Extraordinary, Part II, Section 1, dated 12lh January, 1984:—

(0 at page 1, in the long title, line 6, for "transfer" read "Transfer"; (ii) at page 2. in the marginal heading to section 2, for "16" read "18";

- (Hi) at page 3, in line 39, lor "subsequently, included" read "subse- quently included";

(iv) at page 11,—

(a) in line 20, for "of read "or";

(b) in line 37, for "reduce" read reduced";

(c) in line 37, far "banks institutions" read "banks and insti- tutions";

(v) at page 12, in line 33, for "shall be" read "shall not be";

(vi) at page 14, in line ?R, for "purpose" read "purposes";

(vii) at page 15, in line 37, for "or" read "on¹¹;

(viii) at page 20, in line 33, for "tthat nothing containe in this sub- section shall affect" read "that where any decree, order, certificate or other";

(ix) at 27, in line 14, for "balances" read "balance";

(x) at page 31, in line 20, for "Bany" read "Bank"; (xi) at page 35, in line 37, for "activitier" read "activities'¹;

(xii) at page 36,—

(a) in line 9, for 'actities" ' read 'activities" ';

(b) for lines 32 and 33, read "(4) Every regulation shall, as soon as may be afte. it is made under this Act by the State Bank, be forwarded to the Central Gov-";

(xiii) at page 40-—

(a) in line 28, for "Indita" rend "India";

(h) in line 29, for "subsiiary" recfi ''subsidiary".

CORRIGENDUM

In the Appropriation Act, 1984 (7 of 1984), as published in the Gazette of India, Extraordinary, 1984 (Sl. No. 13), Part II, Section 1, dated the 23rd March, 1984, at page 3, in column No. 3(1) ("Voted by Parliament), against Demand No. 49-Family Welfare—Revenue, fnr "9,77,99,000" read "19,77, 99,000".

CORRIGENDA

In the Monopolies and Restrictive Trade Practices- (Amendment) Act, 1984 (30 of 1984), as published in the Gazette of India, Extraordinary, Part II, Section 1 (No. 38), dated the 21st May, 1984: —

(i) at page 12, line 21, for 'ing equipment" means any equipment or device needed for re-', read "ing sub-section and Explanations shall be substituted, namely:—";

(ii) at page 31, lines 49 and 50, for "may extend to five hundred rupees for every day, after the thousand rupees, or with both.'.", read "may extend to three years, or with fine which may extend to five thousand rupees, or with both.".

(in) at page 33, in line 13, for "the Act", read "this Act".

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NEW DFLHl ANp PUBLISHED BY TTJE CONTROLLFR OF PTTBLICATTONa, DELHI. 1 9 84