SCHEDULE II


SCHEDULE II
[Section 2(15A) and (15B) ]
PART I
LIST OF INJURIES DEEMED TO RESULT IN PERMANENT TOTAL DISABLEMENT
Sl. No.
Description of injury
%age of loss of earning capacity
1.
Loss of both hands or amputation at higher sites
100
2.
Loss of a hand and a foot
100
3. Double amputation though leg or thigh, or amputation through leg or thigh on one side and loss of other foot. 100
4. Loss of sight to such an extent as to render the claimant unable to perform any work for which eyesight is essential. 100
5. Very severe facial disfigurement 100
6. Aboslute deafness 100


PART II
LIST OF INJURIES DEEMED TO RESULT IN PERMANENT PARTIAL DISABLEMENT
Amputation--Upper limbs (either arms)
Sl. No.
Description of injury
%age of loss of earning capacity
7.
Amputation through shoulder joint
90
8.
Amputation below shoulder with stump less than 20.32 cm. from tip of acromion
80
9. Amputation from 20.32. cm. from tip of acromion to less than 11.43.com below tip of olecranon. 70
10. Loss of a hand or of the thumb and four fingers of one hand or amputation from 11.43.cm. below tip of olecranon. 60
11. Loss of thumb 30
12. Loss of thumb and its metacarpal bone 40
13. Loss of four fingers of one hand 50
14. Loss of three fingers of one hand 30
15. Loss of two fingers of one hand 20
16. Loss of terminal phalanx of thumb 20
16A Guillotine amputation of the tip of the thumb without loss of bone 10
Amputation--Lower limbs
17.
Amputation of both feet resulting in end-bearing stumps
90
18.
Amputation through both feet proximal to the metatarsophalangeal jpint
80
19.
Loss of all toes of both feet through the metatarso-phalangeal
40
20. Loss of all toes of both feet proximal to the proximal interphalangeal joint 30
21. Loss of all toes of both feet distal to the proximal interphalangeal joint 20
22. Amputation at hip 90
23. Amputation below hip with stump not exceeding 12.70cm. in length measured from tip of great trochanter 80
24. Amputation below hip with stump exceeding 12.70cm. in length measured from tip of great trenchanter but not beyond middle thigh 70
25. Amputation below middle thigh to 8.89cm below knee 60
26. Amputation below knee with stump exceeding 8.89 cm. but not exceeding 12.70 cm. 50
27. Amputation below knee with stump exceeding 12.70 cm. 50
28. Amputation of one foot resulting in end-bearing 50
29. Amputation through one foot proximal to the metatarsophalangeal joint 50
30. Loss of all toes of one foot through metatarso-phalangeal joint 20

Other Injuries
31. Loss of one eye. withput complications, the other being normal 40
32. Loss of vision of one eye without complications or disfigurement of eye-ball, the other being normal 30
32A Partial loss of vision of one eye 10
LOSS OF
A--Fingers of right or left hand
Index finger
33. Whole 14
34. Two phalanges 11
35. One phalanx 9
36. Guillotine amputation of tip without loss of bone 5

Middle finger
37. Whole 12
38. Two phalanges 9
39. One phalanx 7
40. Guillotine amputation of tip without loss of bone 4

Ring or little finger
41. Whole 7
42. Two phalanges 6
43. One phalanx 5
44. Guillotine amputation of tip without loss of bone 2
B--Toes of right or left foot
Great toe
45. Through metatarso-phalangeal joint 14
46. Part, with some loss of bone 3

Any other toe
47. Through metatarso-phalangeal joint 3
48. Part, with some loss of bone 1

Two toes of one foot, excluding great toe
49. Through metatarso-phalangeal joint 5
50. Part, with some loss of bone 2

Three toes of one foot, excluding great toe
51. Through metatarso-phalangeal joint 6
52. Part, with some loss of bone 3.

Four toes of one foot, excluding great toe
53. Through metatarso-phalangeal joint 9
54. Part, with some loss of bone 3
*Substituted for "40","30" &"30" against sl. nos. 27,28 and 29 respectively by Act29 of 1989
Note: Complete and permanent loss of the use of any limb or member referred to in this Schedule shall be deemed to be the equivalent of the loss of that limb ot member.


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APPLICABILITY OF THE ACT & SCHEME:

 Is extended in area-wise to factories using power and employing 10 or more persons and to non-power using manufacturing units and establish-ments employing 20 or more person upto Rs.15,000/- per month w.e.f. 01.04.10. It has also been extend-ed upon shops, hotels, restaurants, roads motor transport undertakings, equip-ment maintenance staff in the hospitals.

COVERAGE OF EMPLOYEES:

 Drawing wages Upto Rs.15,000/- per month Engaged either directly or thru’ contractor

RATE OF CONTRIBUTION OF THE WAGES:

 Employers’ 4.75%

 Employees’ 1.75%

MANNER AND TIME LIMIT FOR MAKING PAYMENT OF CONTRIBUTION:

 The total amount of contribution (employee’s share and employer’s share) is to be deposited with the authorized bank through a challan in the prescribed form in quadruplicate on ore before 21st of month following the calendar month in which the wages fall due.

BENEFITS TO THE EMPLOYEES UNDER THE ACT:

 Medical Benefit
 Sickness Benefit(SB)
 Maternity Benefit(MB)
 Disablement Benefit
 Dependants’ Benefit(DB)
 Funeral Expenses

 In addition, the scheme also provides some other need based benefits to insured workers.

WAGES FOR ESI CONTRIBUTIONS:

 Registers/files to be maintained by the employers

CONTRIBUTION PERIOD:

 If the person joined insurance employment for the first time, say on 5th January, his first contribution period will be from 5th January to 31st March and his corresponding first benefit will be from 5th October to 31st December.

TO BE DEEMED AS WAGES:

• Basic pay
• Dearness allowance
• House rent allowance
• City compensatory allowance
• Overtime wages (but not to be taken into account for determining the coverage of an employee)
• Payment for day of rest
• Production incentive
• Bonus other than statutory bonus
• Night shift allowance
• Heat, Gas & Dust allowance
• Payment for unsubstituted holidays
• Meal/food allowance
• Suspension allowance
• Lay off compensation
• Children education allowance (not being reimbursement for actual tuition fee)

NOT TO BE DEEMED AS WAGES:

• Contribution paid by kthe employer to any pension/provident fund or under ESI Act.
• Sum paid to defray special expenses entailed by the nature of employment – Daily allowance paid for the period spent on tour.
• Gratuity payable on discharge.
• Pay in lieu of notice of retrenchment compensation
• Benefits paid under the ESI Scheme.
• Encashment of leave
• Payment of Inam which does not form part of the terms of employment.
• Washing allowance for livery
• Conveyance Amount towards reimbursement for duty related journey

PENALTIES :

 Different punishment have been prescribed for different types of offences in terms of Section 85: (I) (six months imprisonment and fine Rs.5000), (ii) (one year imprisonment and fine), and 85-A: (five years imprisonment and not less to 2 years) and 85-C (2) of the ESI Act, which are self explanatory. Besides these provisions, action also can be taken under section 406 of the IPC in cases where an employer deducts contributions from the wages of his employees but does not pay the same to the corporation which amounts to criminal breach of trust.

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