Test: Concept and Importance of Social Security - 1 - CLAT PG MCQ

The commissioner may choose individuals who possess knowledge relevant to the case to assist in holding inquiries. This provision allows for a more thorough examination of the facts and circumstances surrounding the compensation claim, enhancing the decision-making process and ensuring that all relevant information is considered.

If an employee's injury leads to their death, the employer is required to provide additional compensation beyond what has already been deposited with the commissioner. This requirement reflects the law's recognition of the severe implications of workplace injuries and aims to support the deceased employee's dependents.

Members of the ESIC are appointed for a term of up to four years. This term allows for the regular turnover and refreshment of ideas and policies within the Corporation, which is crucial for adapting to the changing needs of employees and the labor market.

"Confinement" under the Employees' State Insurance Act refers specifically to pregnancy that results in the birth of a living child. It can also include cases where a child is born (living or deceased) after 26 weeks of pregnancy, emphasizing the Act's focus on maternal health.

The commissioner is primarily responsible for assessing the extent of disability of the injured party and determining the appropriate compensation. This includes evaluating the details of the injury, the duration of the compensation, and ensuring that the rights of the injured employees are upheld. A noteworthy aspect is that the commissioner's decision aims to provide timely and fair compensation to those affected.

A "dependant" under the Employees' State Insurance Act includes specific relatives of a deceased worker, such as the widow, children under 25 years, and certain others like a widowed mother or minor siblings. This definition ensures that financial assistance is directed to those who were reliant on the deceased for support.

The implementation of the Employees' State Insurance Act is overseen by the Central Government, while the ESI Corporation is responsible for its execution. This dual oversight ensures that the Act is administered effectively, aligning with constitutional provisions regarding social security.

An "employment injury" is defined as injuries that occur during working hours as a result of an accident or occupational disease. This definition is crucial for determining eligibility for benefits under the Act, as it specifically relates to incidents directly associated with employment.

The state government is responsible for formulating rules and regulations that facilitate the implementation of the compensation act. This includes setting procedures for processing claims, ensuring compliance with medical examinations, and establishing intervals for various applications. Such regulatory frameworks are essential for the effective functioning of the compensation system.

Employees working in factories that are not registered under the Employees' State Insurance Act are exempt from contributing to the ESI Corporation. This exemption indicates that the Act only applies to specific establishments, ensuring that contributions are aligned with the Act's regulatory framework.

A member of the ESIC will cease to be a member if they fail to attend three consecutive meetings. This rule ensures that active participation is maintained, which is essential for effective governance and decision-making within the Corporation.

Making a false statement to increase payment or benefits under the ESI Act can lead to imprisonment for up to six months and/or a fine not exceeding Rs. 2000. This penalty serves as a deterrent against fraudulent claims, thereby protecting the integrity of the social security system for all beneficiaries.

The Medical Benefit Council advises the ESIC on matters related to the implementation of medical benefits. This council plays a critical role in ensuring that the medical relief provided is effective and meets the needs of the insured employees and their families.

The commissioner is required to dispose of compensation-related cases within a period of three months from the date of reference. This time limit is crucial for ensuring that employees receive timely resolutions to their claims, promoting efficiency in the compensation process.

The Employees' State Insurance Act, 1948 primarily aims to provide medical benefits and insurance to employees working in factories registered under the ESI Corporation. This initiative marks a significant development in social security for the working class in India, ensuring that financial support is available during times of medical distress.

An appeal against the commissioner's decision can only be made if there is a substantial question of law involved. This limitation ensures that appeals are grounded in significant legal issues rather than minor grievances, thereby streamlining the legal process and focusing on more pressing legal interpretations.

The commissioner creates a brief written memorandum of the evidence provided by each witness during the proceedings. This written record, signed by the commissioner, serves as a formal documentation of the testimony and is critical for any future legal considerations or appeals, ensuring transparency in the process.

The ESIC is primarily established to ensure social security for employees, particularly in cases of medical emergencies. This includes providing medical benefits and financial assistance during periods of sickness, maternity, and other work-related injuries. The focus on social security helps protect employees and their families from financial distress during critical times.

If an employer fails to deposit the required compensation amount, they become liable to pay the full compensation amount as stipulated under the act. This ensures that employees receive the compensation they are entitled to without undue delay, reflecting the act's protective measures for worker welfare.

Members of the judiciary are not part of the ESIC. The Corporation comprises various representatives, including the Director-General, state representatives, and members representing employees and employers. This structure ensures that different stakeholders in the employee welfare system are adequately represented.

The "principal employer" is defined as the owner or occupier of a factory who is responsible for making contributions to the Employees' State Insurance Corporation. This role is essential for the Act's functioning, as it ensures that financial responsibilities are met for the welfare of employees.

Job termination is not covered under the Employees' State Insurance Act. The Act specifically provides financial support for medical issues such as sickness, maternity leave, disability, and death, helping employees manage their financial burdens during these times.

Social Security Officers have the right to access company financial records and other relevant documentation without prior notice. This authority is essential for ensuring compliance with the ESI Act and maintaining the integrity of the social security system.

The ESI Act provides a range of benefits, including medical, sickness, maternity, and disablement benefits, among others. This comprehensive approach to social security aims to support employees in various situations, effectively safeguarding their welfare and that of their families.

If the employer fails to register the agreement regarding compensation with the commissioner, they are liable to pay the full amount of compensation. This stipulation underscores the importance of proper documentation in legal and compensation matters, ensuring that all involved parties are held accountable.